DESMOND v. UNITED STATES

Nos. 6476-6478.

345 F.2d 225 (1965)

George C. DESMOND, Defendant and Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided May 18, 1965.


Attorney(s) appearing for the Case

Loyd M. Starrett, Boston, Mass., with whom Edwin H. Amidon, Jr., and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Circuit Judge, and GIGNOUX, District Judge.


ALDRICH, Chief Judge.

Appellant was convicted, along with a co-defendant, on narcotic charges, and sentenced to the minimum term of five years. Although during trial he had asserted a number of errors he failed to appeal. Subsequently he brought a petition under 28 U.S.C. § 2255. The district court denied the petition on the ground that the matters therein alleged could, and therefore should, have been raised by appeal. Appellant then asserted to the district...

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