Lathia Paul Banks, Jr., Petitioner-appellant, v. United States of America, Respondent-appellee, 531 F.2d 1336 (5th Cir. 1976)

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U.S. Court of Appeals for the Fifth Circuit - 531 F.2d 1336 (5th Cir. 1976) May 24, 1976

Mark J. Kadish, Atlanta, Ga., for petitioner-appellant.

John W. Stokes, William F. Bartee, Jr., Asst. U.S. Atty., Atlanta, Ga., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

PER CURIAM:


Lathia Paul Banks, Jr., appeals from the district court's denial of his post-conviction motion to vacate sentence, 28 U.S.C. § 2255. We affirm.

The appellant raises the following issues which we have examined and found to be without merit: (1) Denial of effective assistance of counsel due to counsel's representation of a codefendant and resultant inadequate cross-examination of witnesses; (2) denial of effective assistance of counsel due to counsel's failure to secure the attendance at trial of two potentially favorable witnesses; and (3) failure of the district court to grant a new trial upon appellant's presentation of post-conviction polygraph evidence of his innocence.

AFFIRMED.

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Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409

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