Rush v. United States

FRANK B. ELLIS, District Judge.

Petitioner was convicted by a jury on August 25, 1960, of violating Sections 4704(a) and 4705(a), Title 26 and Section 174, Title 21 and Section 371, Title 18, of the United States Code, to-wit: conspiracy to sell heroin and selling heroin to a party without an order from the Secretary of the Treasury. The record *844indicates that although the Court ordered counsel appointed for petitioner, he ultimately was represented by counsel of his own choice. Petitioner did not seek a new trial nor did he appeal his conviction.

He was sentenced to eleven years in a federal…