Henry Lyles v. United States

This is an appeal from the denial without a hearing of a motion under 28 U.S.C. § 2255. One issue implicit in the appeal is whether the record discloses that the appellant’s right to appeal from the judgment of conviction may have been so frustrated as to justify relief under the principles presently stated by this court in No. 21,428, Pate v. Holman, Warden Kilby Prison, Alabama, 5 Cir., 341 F.2d 764. See also Johnson v. United States, 1957, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593; Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060; Carnley v. Cockran, 1962, 369 U.S.…