LEVISTER v. UNITED STATES

No. 14435.

260 F.2d 485 (1958)

Charles H. LEVISTER, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 9, 1958.


Attorney(s) appearing for the Case

Mr. Odell Kominers, Washington, D. C. (appointed by this court), for appellant.

Mr. Jack Marshall Stark, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, BASTIAN and BURGER, Circuit Judges.


BASTIAN, Circuit Judge.

This is an appeal from the denial of a motion filed under 28 U.S.C. § 2255. The facts are not in dispute and may be stated briefly as follows:

Appellant was indicted on December 6, 1954, for violation of 26 U.S.C. § 2553 (a), the indictment charging that he was unlawfully in possession of a narcotic drug on or about October 25, 1954. On December 21, 1954, appellant withdrew his plea of not guilty theretofore entered, and entered...

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