ELLIS v. UNITED STATES

No. 17969.

353 F.2d 402 (1965)

Fred ELLIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 30, 1965.


Attorney(s) appearing for the Case

Fred Ellis pro se.

Patrick J. Foley, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.


JOHNSEN, Circuit Judge.

The appeal is from the denial without a hearing of a motion to vacate sentence under 28 U.S.C.A. § 2255.

Appellant had been charged by indictment with six marihuana offenses. He was tried to a jury on the first two counts [the other four were subsequently dismissed], was convicted of both charges, and was given concurrent sentences thereon of five years and two years, respectively.

The attacks made by his § 2255 motion...

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