531 F2d 1336 Banks v. United States
531 F.2d 1336
Lathia Paul BANKS, Jr., Petitioner-Appellant,
UNITED STATES of America, Respondent-Appellee.
No. 76--1014. Summary Calendar.*
United States Court of Appeals,
May 24, 1976.
Mark J. Kadish, Atlanta, Ga., for petitioner-appellant.
John W. Stokes, William F. Bartee, Jr., Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.
Lathia Paul Banks, Jr., appeals from the district court's denial of his post-conviction motion to vacate sentence, 28 U.S.C. § 2255. We affirm.
The appellant raises the following issues which we have examined and found to be without merit: (1) Denial of effective assistance of counsel due to counsel's representation of a codefendant and resultant inadequate cross-examination of witnesses; (2) denial of effective assistance of counsel due to counsel's failure to secure the attendance at trial of two potentially favorable witnesses; and (3) failure of the district court to grant a new trial upon appellant's presentation of post-conviction polygraph evidence of his innocence.