MARTINEZ v. UNITED STATES

No. 8034.

344 F.2d 325 (1965)

Robert Lee MARTINEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 7, 1965.


Attorney(s) appearing for the Case

Charles L. Saunders, Jr., Denver, Colo., for appellant.

Lewis O. Campbell, Asst. U. S. Atty. (John Quinn, U. S. Atty., with him on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

A jury in the United States District Court for the District of New Mexico found appellant Martinez guilty of four counts charging narcotic offenses, and the court sentenced him to 6-year concurrent terms. He did not appeal. While a prisoner at La Tuna, Texas, he filed a habeas corpus petition in the sentencing court which treated it as a motion under 28 U.S.C. § 2255, and denied it without a hearing. Reversal is sought on the ground that a hearing...

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