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EAGLESTON v. UNITED STATES

No. 71-1108.

448 F.2d 1389 (1971)

Marvin A. EAGLESTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 30, 1971.

Attorney(s) appearing for the Case

Sandra Nemser (Michael L. Bender, Denver, Colo., on the brief), for petitioner-appellant.

Hubert H. Bryant, Asst. U. S. Atty. (Nathan G. Graham, U. S. Atty., and Robert P. Santee, Asst. U. S. Atty., on the brief), for respondent-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The district court, without an evidentiary hearing, denied appellant Eagleston's motion for relief under 28 U.S.C. § 2255 from sentences imposed after jury trial for violations of 18 U.S.C. §§ 2312 and 2314. On direct appeal we affirmed. See United States v. Eagleston, 10 Cir., 417 F.2d 11.

The appeal questions the validity of a search and seizure. Evidence at the criminal trial...

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