Howard D. Mitchell v. United States

The district court denied appellant Mitchell’s petition for relief under 28 U.S.C. § 2255 without an evidentiary hearing. A jury found him guilty of three counts charging mail fraud. He did not appeal from the sentence pronounced.

The sole ground asserted for relief is; “inadequacy of counsel (under the influence of alcohol at the time of trial).” The counsel was retained. In an affidavit supporting the petition, the appellant said that the condition was shown by counsel’s confusion as to the name of a prosecuting witness on three occasions, and by his failure to call a witness. During the…