Charles Whitney and Edward Russell Watson v. United States

STEPHENSON, Circuit Judge.

The issue on this appeal is whether the district court erred in denying without a hearing appellants’ motion to vacate sentence under 28 U.S.C. § 2255 (1970). We have carefully reviewed each of the points raised by appellants in support of this contention and affirm the lower court’s denial of relief.

Appellants Whitney and Watson, half-brothers, were found guilty by a jury in 1970 of possession of merchandise stolen while in interstate commerce, a violation of 18 U.S.C. § 659 (1970). They received sentences of ten and five years, respectively. On direct appeal to…