Edward Earl Brooks v. United States

SETH, Circuit Judge.

This is an appeal from a denial of appellant’s motion to vacate sentence filed pursuant to 28 U.S.C.A. § 2255.

The record shows that the appellant was originally tried and found guilty in 1962. On appeal to this court his conviction was reversed, and the case was remanded for a new trial. Brooks v. United States, 10 Cir., 309 F.2d 580. The appellant was thereafter tried a second time on the same information, found guilty and sentenced to the term he is now serving.

The appellant in this motion under § 2255 urges that his constitutional rights were violated by being tried on…