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SHELTON v. UNITED STATES

Nos. 18793, 18794.

343 F.2d 347 (1965)

Nathaniel E. SHELTON, Appellant, v. UNITED STATES of America, Appellee. Robert B. PANNELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 11, 1965.

Petition for Rehearing Denied March 26, 1965.

Attorney(s) appearing for the Case

Messrs. Samuel K. Abrams and Bernard M. Beerman (both appointed by this court), Washington, D. C., for appellants.

Mr. Martin R. Hoffmann, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and FAHY and WRIGHT, Circuit Judges.

Petition for Rehearing en Banc Denied March 26, 1965.

PER CURIAM.

Appellants were convicted, on strong evidence, of housebreaking, defined in 22 D.C.Code § 1801, and were sentenced under the Federal Youth Corrections Act, 18 U.S.C. § 5010(c) (1958). The only contention for reversal which we need discuss is that at their preliminary hearing before the United States Commissioner appellants were without counsel or adequate advice with respect to counsel...

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