Roy L. Story v. United States

JOHNSEN, Chief Judge.

The appeal is from an order denying appellant’s motion under 28 U.S.C.A. § 2255, to have his sentence vacated. The motion was denied on the basis of the provision in § 2255 that “The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner.”

The ground on which the motion sought to have the sentence vacated was that appellant “had incompetent counsel at time of trial”. Such incompetence as to amount to a want of due process was claimed to be involved, in that (1) counsel had failed to attack the…