Simon v. United States

Fifth Circuit Court of Appeals

Decided July 18, 1968.

Rehearing En Banc Denied Dec. 11,1968.

Fifth Circuit Court of Appeals · decided 1968-07-18

Cited by 5 later decisions — most recently December 1979

5 federal appellate ·

2 counsel of record

Relies on Simon v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-07-18

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¶1Frank J. Varela, New Orleans, La., for appellant.

¶2John C. Ciolino, H. P. Rowley, III, Asst. U. S. Atty., New Orleans, La., for appellee.

¶3Before WISDOM and SIMPSON, Circuit Judges, and SINGLETON, District Judge.

¶4PER CURIAM:

¶5This is an appeal from denial of a motion for relief under Title 28, U.S.C. Section 2255. The district court held a full hearing and denied relief, for reasons set forth in an opinion appearing in 269 F.Supp. 738. The contentions urged on appeal are substantially those made below. We agree with the district court that the motion was without merit. The judgment is affirmed.

¶6ON PETITION FOR REHEARING EN BANC

¶7The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.