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EATON v. UNITED STATES

No. 26047.

437 F.2d 362 (1971)

Frazier EATON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied April 26, 1971.

Attorney(s) appearing for the Case

John H. Bradbury (argued), of Howard, LeGros, Bruchanan & Paul, Seattle, Wash., for appellant.

Charles Pinnell (argued), Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before HAMLEY, KOELSCH and WRIGHT, Circuit Judges.

Certiorari Denied April 26, 1971. See 91 S.Ct. 1532.

PER CURIAM:

The district court, following an evidentiary hearing pursuant to remand [United States v. Eaton, 416 F.2d 22 (9th Cir. 1969)], rejected Eaton's claim of inadequate trial representation due to his retained counsel's "unexplained failure to subpoena a material witness" and denied him § 2255 relief.

It concluded, in substance, that counsel's non-action...

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