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IRWIN v. UNITED STATES

No. 23087.

414 F.2d 606 (1969)

Thomas Edison IRWIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 29, 1969.

Attorney(s) appearing for the Case

Thomas O. Gillis, San Jose, Cal., for appellant.

Edward E. Davis, U.S.Atty., Morton Sitver, Asst. U.S. Atty., Richard K. Burke, U.S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.

PER CURIAM:

Irwin has attacked his Dyer Act conviction by motion under 28 U.S.C. § 2255. He was brought from jail to the hearing in the district court, where his contentions were rejected.

Counsel appointed for the appeal argues that it was an abuse of discretion not to give Irwin a lawyer for the hearing in this civil proceeding. We do not agree. Although Irwin tended to present his case in circumlocution, neither of the issues of fact was so complex...

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