Wheatley v. United States

HUXMAN, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Mexico, denying a motion under 28 U.S.C.A. § 2255 to vacate a judgment and sentence imposed in that court. Appellant was originally brought before the court under two indictments charging federal offenses. Not having counsel and requesting the appointment of counsel, the court appointed Henry Hughes, a member of the bar of many years standing, who was present in the courtroom when the case was called for trial, to represent appellant. Appellant and his attorney retired to a…