Walter Floyd Little v. United States

Appellant-Waiter Floyd Little was convicted on two counts of distributing a controlled substance in violation of 21 U.S.C. § 841(a)(1) (1970). This court affirmed his conviction and sentence on direct appeal. Little v. United States, 490 F.2d 686 (8th Cir.), cert. denied, 419 U.S. 861, 95 S.Ct. 111, 42 L.Ed.2d 95 (1974). Appellant subsequently moved under 28 U.S.C. § 2255 for an order vacating his conviction. The motion was denied by the district court and this appeal was taken. The government now moves for summary dismissal, alleging that the appeal is frivolous. That motion is no longer…