Aubrey Aeby v. United States

This is appellant’s third appearance before us regarding his narcotics conviction of September 18, 1952. Aeby v. United States, 5 Cir., 1953, 206 F.2d 296, certiorari denied, 346 U.S. 885, 74 S.Ct. 136, 98 L.Ed. 390; Aeby v. United States, 5 Cir., 1958, 255 F.2d 847. We affirm the District Court’s conclusion in his unreported opinion set out in the margin 1 that this second attempt to vacate judgment and sentence under Section 2255, 28 U.S.C.A., must fail.

His present motion raises matters which have been passed on by us before, are inconsequential and without legal significance, or ineligible…