Donald Robert Mathes v. United States

CHASE A. CLARK, District Judge.

This is an appeal by Donald Robert Mathes from the Order of the Trial Court denying Motion to Vacate or Set Aside Sentence under 28 U.S.C.A. § 2255.

Appellant was indicted in November, 1956, with others, in a five count indictment alleging violations of Title 21, U.S.C.A. § 174, charging “Sales of heroin and conspiracy to sell heroin”. Appellant was named in substantive counts one and four, and in the conspiracy count five. He was later arraigned and entered a plea of not guilty. On February 12,1957, the date set for trial, appellant asked permission from the…