Anthony G. Saville v. United States

McENTEE, Circuit Judge.

This is an appeal from the denial without a hearing of appellant’s motion under 28 U.S.C. § 2255 to vacate and set aside sentence. Appellant was convicted on December 5, 1967, on two counts of a three count indictment for passing counterfeit ten-dollar bills 1 and was sentenced to concurrent five year terms. This court affirmed the conviction on one of the two counts. 2 Since his conviction appellant has brought three § 2255 petitions. 3 Each was denied without a hearing, but appellant has appealed the denial of only the third one.

The facts of appellant’s conviction are…