Cundiff v. Nicholson

PARKER, Circuit Judge.

This is an appeal from an order refusing to release appellant from custody after a hearing on a writ of habeas corpus and remanding him to the custody of the warden of the federal prison in which he was confined under sentence from the District Court of the United States for the Southern District of West Virginia. His contentions are that he was not represented by counsel in the court from which he was sentenced, that no counsel were assigned him by the judge and that the right to counsel was not waived. He argues that the sentence imposed upon him was void on this…