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UNITED STATES v. EATON

No. 23152.

416 F.2d 22 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Frazier EATON, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

September 16, 1969.

Attorney(s) appearing for the Case

Frazier Eaton, in pro. per.

Eugene G. Cushing, U. S. Atty., Luzerne E. Hufford, Jr., Asst. U. S. Atty., Seattle, Wash., for appellee.

Before MERRILL and CARTER, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

Appellant's third motion for relief under 28 U.S.C. § 2255, denied without a hearing by the District Court, presents two claims:

His claim respecting right to appeal was given a hearing in 1964 and was decided adversely to him. Eaton v. United States, 348 F.2d 919 (9th Cir. 1965). Section 2255 by its terms provides that "[a] successive motion for similar relief" need not be entertained. See Sanders v. United...

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