Coyit Baker v. United States

SWYGERT, Circuit Judge.

This ease comes before us on appeal from the district court’s denial of petitioner Coyit Baker’s motion made pursuant to 28 U.S.C. § 2255 to vacate his sentence. Although the petitioner in this action seeks only to test the legality of his sentence, it is necessary to set forth the events which occurred before the present appeal. On October 30, 1959, the petitioner and his two codefendants, Fred Coduto and Howard Frye, were found guilty by a jury as charged in a nine count indictment of narcotics and revenue violations arising under 21 U.S.C. § 174 and 26 U.S.C. §…