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UNITED STATES v. LOWE

No. 15453.

367 F.2d 44 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Charles LOWE, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

July 26, 1966.

Attorney(s) appearing for the Case

Charles Lowe, F. Willis Caruso, Chicago, Ill., Barbara G. Caruso, LaGrange, Ill., for defendant-appellant.

Edward V. Hanrahan, U. S. Atty., Jules Terrence Brunner, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Lawrence Jay Weiner, Asst. U. S. Attys., of counsel.

Before HASTINGS, Chief Judge, and KILEY, and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

The district court, without a hearing, denied Lowe's Section 2255 motion, 28 U.S.C. § 2255, and he appealed. We affirm.

The question is, do the motion and files and records conclusively show that Lowe is entitled to no relief?

The indictment charged Lowe, under 18 U.S.C. § 495, with forgery of the endorsement of a payee on the back of a United States Treasury check. At the morning arraignment the United States

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