United States v. Alpheus Holiday

This is an appeal from the denial without a hearing of appellant’s motion under 28 U.S.G. § 2255 to set aside his conviction. On December 7,1961, appellant was found guilty of violations of the narcotics law, 21 U.S.C. §§ 173, 174, after a trial to the court without a jury. His conviction was affirmed on appeal, United States v. Holiday, 300 F.2d 441 (2d Cir.), cert. denied, 371 U.S. 834, 83 S.Ct. 57, 9 L.Ed 2d 70 (1962). Appellant seeks to set aside his conviction on the grounds of alleged (1) denial of compulsory process; (2) denial of confrontation of a special employee who did not testify…