Allen Brown v. United States

THORNBERRY, Circuit Judge:

This second appeal from the denial of a federal prisoner’s motion to vacate his sentence under 28 U.S.C. § 2255, presents the question whether appellant waived his rights to file the motion by failing to raise certain allegations on direct appeal from his conviction and by later deciding to seek a reduction of his sentence. On an earlier appeal from a summary denial of appellant’s motion, a panel of this court remanded the case to the court below for an evidentiary hearing on the question of waiver. Brown v. United States, 5th Cir. 1972, 462 F.2d 681. Following a…