Richard L. Marshall v. United States

Marshall has appealed for the second time from the denial of relief under 28 U.S.C. § 2255. He again attacks the validity of the sentence imposed but this was determined adversely to him on his prior appeal. Marshall v. United States, 10 Cir., 299 F.2d 141, certiorari denied 370 U.S. 958, 82 S.Ct. 1606, 8 L.Ed.2d 824. Additionally he asserts that he was unconstitutionally denied counsel at the time of his first arraignment.

The record shows that at arraignment the court advised Marshall of his right to counsel and Marshall replied that he was thinking about hiring a lawyer whom he named. The…