George Mitchell v. United States

KILEY, Circuit Judge.

Mitchell has appealed from an order denying, without a hearing, his § 2255 motion, 28 U.S.C. § 2255, to set aside a narcotics conviction.

He was convicted in a jury trial and sentenced in July, 1962; this court affirmed, United States v. Mitchell, 319 F. 2d 402 (7th Cir. 1963), and no petition for certiorari was filed in the Supreme Court. This § 2255 motion was filed, and he requested appointment of counsel, on October 2, 1964. He was allowed to proceed in forma pawperis. The district court, that same day, directed the government to file a response to the petition.…