United States v. Paul Sutton

SOBELOFF, Chief Judge.

Appellant, Paul Sutton, was convicted by the United States District Judge sit ting without a jury in the Middle District of North Carolina on two counts for removal and concealment 1 and purchase and possession 2 of some 18 gallons of non-tax-paid whiskey. A direct appeal was noted but was not timely perfected. There later followed a motion under 28 U.S.C.A. § 2255, and we are here concerned with Sutton’s appeal from denial of relief under that motion.

During the course of his original trial, Sutton, through counsel of his own choice, made oral motions to suppress certain…