¶1Mr. E. Fontaine Broun (appointed by this court), Washington, D. C., for appellant.
¶2Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs, David C. Acheson, U. S. Atty., and Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellees.
¶3Before Bazelon, Chief Judge, and Bastían and Weight, Circuit Judges.
¶5Appellant received a sentence of from one to three years, the maximum allowed by the statute, after pleading guilty to attempted robbery.1 No appeal from his conviction was taken, but a petition for writ of habeas corpus 2 was filed wherein appellant alleged his right to release from custody because he had been denied a speedy trial. After the District Court issued a rule to show cause and appellees filed a return and answer thereto, the rule was discharged and the petition for the writ was dismissed. This appeal followed.
¶6Pretermitting the question as to whether or not the right to a speedy trial may be raised collaterally,3 under the opinion of this court in Smith v. United States, 118 U.S.App.D.C. 38, 331 F.2d 784 (1964) (en banc), no right to relief is shown.4
¶7Affirmed.
¶8BASTIAN, Circuit Judge, concurs in the result.