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329 F.2d 779

Docket No. 7562.

Gresham v. United States

Tenth Circuit Court of Appeals

Decided April 6, 1964.

Tenth Circuit Court of Appeals · decided 1964-04-06

Cited by 1 later decisions — most recently April 1964

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2115 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Todd v. Peninsular & Occidental Steamship Co. · Clay v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1964-04-06

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¶1Merrick S. Wing, Denver, Colo., for appellant.

¶2Lawrence A. McSoud, Asst. U. S. Atty. (John M. Imel, U. S. Atty., on the brief), for appellee.

¶3Before BREITENSTEIN, HILL and SETH, Circuit Judges.

¶4PER CURIAM.

¶5Appellant was indicted, found guilty by a jury, and sentenced for a violation of 18 U.S.C. § 2115. In his motion for relief under 28 U.S.C. § 2255 he asserts deprivation of constitutional rights because of the insufficiency of the indictment. An examination of the indictment establishes that it satisfies the principles summarized in Clay v. United *780States, 10 Cir., 326 F.2d 196, 198. The motion raised only a question of law and the trial court did not abuse its discretion in failing to appoint counsel or grant a hearing.

¶6Affirmed.