McKinley E. Gore v. United States

BASTIAN, Circuit Judge.

Appellant (defendant) was tried and' convicted under each count of a six-count indictment charging violations of 26 U.S.C. § 4705(a),1 26 U.S.C. § 4704(a)2 and 21 U.S.C.A. § 174.3 No appeal was-taken; but some months later the defendant filed in the District Court a motion under § 2255 of Title 28, United *765States Code, to vacate, set aside or correct the sentences. The present appeal is from the denial of that motion.

The offenses charged in the first three counts relate to a transaction involving the same twenty-five capsules of narcotics and on the same date, whereas…