John E. Kanan v. Denver District Court, Henry E. Santo, Judge

SETH, Circuit Judge.

This is an appeal from denial without hearing of appellant’s State prisoner ha-beas corpus petition by the United States District Court for the District of Colorado.

In 1968, the Denver District Court sentenced Kanan for a period of four years, eleven months, to five years. This sentence was suspended and he was placed on probation for a period of five years; he was arrested in June 1969, and thereafter the original sentence was reinstated under Colo.Rev.Stat. 39-16-9 (1963).

Kanan filed a motion to vacate judgment in the State district court under rule 35(b) of the Colorado…