Marvin A. Eagleston v. United States

BREITENSTEIN, Circuit Judge.

The district court, without an eviden-tiary hearing, denied appellant Eagles-ton’s motion for relief under 28 U.S.C. § 2255 from sentences imposed after jury trial for violations of 18 U.S.C. §§ 2312 and 2314. On direct appeal we affirmed. See United States v. Eagleston, 10 Cir., 417 F.2d 11.

The appeal questions the validity of a search and seizure. Evidence at the criminal trial disclosed that an officer of the Tulsa Police Department went to Eagleston’s apartment to serve a misdemeanor warrant charging Eagleston with violation of the Tulsa ordinance requiring…