MULLINS v. UNITED STATES

No. 11257.

382 F.2d 258 (1967)

Carl Lemon MULLINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 29, 1967.


Attorney(s) appearing for the Case

John J. Kirby, Jr., Charlottesville, Va. (Court-assigned counsel), for appellant.

William M. Styles, Asst. U. S. Atty. (William Medford, U. S. Atty., on brief), for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.


BOREMAN, Circuit Judge:

On March 10, 1966, Carl Lemon Mullins was tried and convicted by a jury in the federal District Court at Asheville, North Carolina, for a violation of the Dyer Act. 18 U.S.C. § 2312. He was sentenced by the court to serve three years in prison. No appeal was taken from this judgment and sentence. However, on June 29, 1966, Mullins filed with the sentencing court a motion pursuant to 28 U.S.C. § 2255 requesting that his sentence be...

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