Gardiner v. United States

CONNALLY, Chief Judge.

This is a proceeding under Section 2255 of Title 28 U.S.C.A.

The present motion is nothing more than an attempt to retry issues which were fulty considered on the appeal (Gardiner v. United States, 5 Cir., 321 F.2d 159) and to point out that had different trial tactics and strategy been employed, there might have been a different result. The motion is without merit and is denied.

The record reflects that Robert Gardiner, husband of petitioner, was charged with conspiring to violate the narcotic laws. He was a resident of New York City, spending a substantial part of his…