United States v. James Branch

SWAN, Circuit Judge.

In May 1954 the appellant was convicted upon a jury trial of having made an unlawful sale of heroin to Thomas Stewart, Jr., an agent of the Bureau of Narcotics, on August 18, 1953. He was sentenced as a fifth offender to a term of 15 years which he is now serving in the Leavenworth penitentiary. The only testimony as to the sale was given by Agent Stewart. The defendant set up an alibi defense but the jury did not believe his witnesses. He filed notice of appeal from his conviction but the appeal was dismissed for lack of prosecution.

The present appeal is from an order…