DURHAM v. UNITED STATES

No. 9919.

400 F.2d 879 (1968)

James R. DURHAM, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 4, 1968.


Attorney(s) appearing for the Case

Dennis L. Blewitt, Boulder, Colo., for appellant.

John W. Raley, Jr., Asst. U. S. Atty., Oklahoma City, Okl. (B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., with him on brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

On November 15, 1966, the appellant, James R. Durham, Jr., was convicted of a violation of 18 U.S.C. § 1201. This appeal arises out of a collateral attack on that conviction under 28 U.S.C. § 2255.

On October 12, 1967, the district court filed an order refusing to hold a hearing at which evidence could be introduced in support of appellant's § 2255 motion. On October 31, 1967, the appellant filed a motion to proceed in...

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