Elrod v. United States

James Alvin Elrod has appealed from the district court’s denial, without an ev-identiary hearing, of his motion to vacate conviction and sentence.1 We affirm the ruling below.

Appellant was convicted on his plea of guilty of three counts of passing counterfeit money, in violation of 18 U.S.C. § 472. He was sentenced on May 18, 1966 to serve five years on the first count. On the other two counts imposition of sentence was suspended and Elrod was awarded five years’ probation to commence at the expiration of the sentence on the first count. There was no direct appeal.

*960Appellant alleged in his §…