Calvin Fennell v. United States

SETH, Circuit Judge.

The appellant filed a motion under 28: U.S.C.A. § 2255, seeking to vacate and; :set aside his conviction of conspiracy Tor the illegal purchase and sale of narcotics. He asserted that the indictment failed to charge the conspiracy, and secondly that appellant had no proper representation following his sentencing. This asserted failure of his retained attorney is based on the single proposition that no appeal was taken from the conspiracy conviction. The trial court denied appellant’s motion, 229 F.Supp. 451 and this appeal was taken.

The trial court appointed an attorney…