United States of America, Appellee, v. Milton Holloway, Defendant-appellant, 311 F.2d 795 (2d Cir. 1963)

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US Court of Appeals for the Second Circuit - 311 F.2d 795 (2d Cir. 1963) Argued January 23, 1963
Decided January 23, 1963

Holloway appeals pro se from a judgment of the District Court for the Southern District of New York, Edward J. Dimock, J., denying, without hearing, his motion under 28 U.S.C. § 2255, attacking a conviction for violation of 21 U.S.C. § 174 on the ground that the conviction was procured through evidence obtained by illegal search and seizure. Affirmed.

Milton Holloway, pro se, submitted.

Robert M. Morgenthau, U. S. Atty., S. D. New York, William J. Quinlan, Andrew T. McEvoy, Jr., Asst. U. S. Attys., submitted brief for appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.


We affirm in open court Judge Dimock's denial of the petitioner's motion without hearing. The files and records of the case conclusively show that the prisoner is entitled to no relief.