Anthony Nance v. United States

KERNER, Circuit Judge.

Petitioner-appellant, Anthony Nance, filed a motion under 28 U.S.C. § 2255 in the district court. The district court denied relief without a hearing and petitioner appeals.

Two indictments were brought against Nance: the first indictment charged Nance under two counts for violation of 18 U.S.C. § 111, assaulting a federal officer, and the second indictment charged Nance with violations of 26 U.S.C. § 4742(a), sale of marihuana, and 21 U.S.C. § 176a, importation of marihuana. The two indictments were consolidated for trial. Nance was tried without a jury and was found…