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411 F.2d 591

Docket No. 17647.

Evans v. United States

Third Circuit Court of Appeals

Submitted May 22, 1969.

Decided June 10, 1969.

Third Circuit Court of Appeals · decided 1969-06-10

Cited by 2 later decisions — most recently September 1971

1 federal appellate ·

2 counsel of record

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

Relies on Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · United States v. Evans · 239 F. Supp. 554 - United States v. Evans

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1969-06-10

View the full empirical analysis of this case →

¶1Stephen Luther Evans, pro se.

¶2Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., (Drew J. T. O’Keefe, U. S. Atty., Jerome R. Richter, Asst. U. S. Atty. on the brief), for appellee.

¶3Before FREEDMAN, SEITZ and ALDISERT, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM.

¶6This is an appeal from a denial of a motion under 28 U.S.C.A. § 2255 to vacate a sentence based on a bank robbery conviction by a jury. Appellant’s conviction was affirmed on appeal. See United States v. Evans, 239 F.Supp. 554 (E.D. Pa. 1965), aff’d., 359 F.2d 776 (3rd Cir. 1966), cert. denied, 385 U.S. 863, 87 S.Ct. 120, 17 L.Ed.2d 90 (1966).

¶7In his section 2255 petition appellant asserts certain new grounds and variations of errors alleged previously in his direct review proceedings. In the latter category is the claim that he alone was compelled to wear sunglasses during a police line-up as did the alleged robber during the hold-up. The short answer is that the record shows that the other participants in the line-up also wore sunglasses. Appellant makes a series of arguments as a last resort that he was represented by ineffective court-appointed counsel. Assuming such arguments are now cognizable, we find them either to be unsupported by the record *592or lacking in legal merit. The same can be said of his other allegations of error in the conduct of the trial.

¶8The judgment of the district court will be affirmed.

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