James W. Brewen v. United States

This appeal is from the denial of a motion to vacate, 28 U.S.C. § 2255. On a previous appeal, we reversed and remanded the case with the direction that there be a further evidentiary hearing with appellant present. Brewen v. United States, 5th Cir. 1967, 375 F.2d 285. At the hearing, appellant, represented by court-appointed counsel, was present and testified. At the previous hearing, his former retained counsel had testified.

The district court held that appellant had not been, as he contended, indigent during the time in October, 1962, in which notice could have been filed for a direct…