Charles C. Eaddy v. United States

347 F.2d 985, 1965 U.S. App. LEXIS 4915

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 13, 1965
• Docket: 22711
• Status: Published

Opinion

PER CURIAM:

The appellant seeks the reversal of an order denying his motion under 28 U.S. C.A. § 2255 to vacate his conviction on a plea of guilty of a violation of 18 U.S. C.A. § 2314. He has applied for appointment of counsel. The decision of this Court in Merrill v. United States, 5 Cir., 338 F.2d 763, is controlling on the merits. Therefore, the application for appointment of counsel is denied. The order of the district court in denying relief under Section 2255 is reversed, with directions to vacate and set aside the judgment of conviction and sentence and to dismiss the information.

Reversed and remanded with directions.