Abraham Chalupowitz v. United States

This is a proceeding pursuant to § 2255, Title 28 of the United States Code, for the setting aside of a sentence on the claim of denial of due process.

Appellant was indicted in May of 1951 on charges of narcotic violation, and entered pleas of not guilty. The indictment was in four counts, the first and third being under the Harrison Act, 26 U.S.C. §§ 2550 et seq., 3220 et seq., and the second and fourth under the Jones-Miller Act, 21 U.S.C.A. § 171 et seq. Count one charged the sale of 211 grains of heroin on December 8, 1950. Count two was that on the same day appellant concealed and facilitated the concealment of the heroin. Count three was that on December 14, 1950, he sold 5 ounces and 14 grains of heroin. In count four he was charged with the concealment and facilitation of the concealment of the heroin sold on that day.

In preparation for the making of his defense, appellant employed able counsel, one of whom was Mr. George T. Davis, a member both of the State Bar and of the bar of the United States District Court for the Northern District of California, who was substituted by appellant for former counsel.

On August 17, 1951, appellant, his counsel being present,…