Robert Louis Porter v. United States

JOHN R. BROWN, Circuit Judge.

This is an appeal from a summary dismissal of a § 2255 petition for post-conviction relief from a 20-year sentence for violation of the narcotics laws by the sale of marihuana, 26 U.S.C.A. § 4742(a). The sentencing court dismissed it outright without any hearing on the ground that it appeared that the petitioner’s contentions “are frivolous and without merit, not in good faith, and state no valid ground upon which the relief sought might be granted.” Presumably the Court meant this as a paraphrase of the statute that “ * * * the files and records of the case…