James G. Burley v. United States

LEWIS, Circuit Judge.

Appellant filed a motion to vacate and set aside a sentence imposed upon him for violation of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 171 et seq. (See Lewis v. United States [Burley v. United States], 10 Cir., 277 F.2d 378), asserting that proceedings leading to his conviction were conducted without his presence and in violation of Rule 43, Rules of Criminal Procedure, 18 U.S.C. A., 1 and the due process clause of the Fifth Amendment. The motion was filed with the sentencing court pursuant to 28 U.S.C.A. § 2255 and the requested relief denied, the trial…