Major A. Eberhart, Jr. v. United States

STEPHENS, Chief Judge.

This is an appeal from the denial of a motion under Title 28 U.S.C. § 2255 to vacate and set aside a judgment of conviction.

Eberhart, the petitioner, was convicted in the United States District Court for the Northern District of California for two violations of Title 21 U.S.C.A. § 174, concealment of narcotics and sale of narcotics. He did not appeal from the judgment of conviction. Thereafter, he filed in the District Court a motion to vacate and set aside judgment pursuant to Title 28 U.S.C. § 2255, which was denied.

Eberhart makes the following allegations as to the…