William Condon Graham v. United States

This appeal presents squarely for the first time in this court the contention that the decisions of the United States Supreme Court in the Marchetti 1 and Grosso 2 cases should be applied with unlimited retroactivity.

Appellant’s current appeal is from the denial of a motion to vacate sentence entered by the United States District Court for the Middle District of Tennessee, Nashville Division. No evidentiary hearing was held, but only legal issues are involved.

On appellant’s direct appeal from conviction and sentences which he is now serving this court recited the factual background thus:

“Defen…