EBY v. UNITED STATES

No. 69-68.

415 F.2d 319 (1969)

Charles EBY, a/k/a Charles Cragg, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

August 11, 1969.


Attorney(s) appearing for the Case

Rollie R. Rogers, Denver, Colo., for appellant.

Hubert A. Marlow, Asst. U. S. Atty., (Lawrence A. McSoud, U. S. Atty., and Robert P. Santee, Asst. U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and SETH, Circuit Judges.


PER CURIAM.

Appellant seeks post-conviction relief under 28 U.S.C. § 2255 from a conviction entered on a plea of guilty to the charge of not paying the transfer tax on marijuana contrary to 26 U.S.C. § 4744(a) (1) and transporting and concealing marijuana in violation of 26 U. S.C. § 4744(a) (2). Appellant was initially placed on probation, but it was revoked and he was sentenced to prison in November 1965.

Appellant asserts that his constitutional...

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