Frazier Eaton v. United States

Appellant was found guilty by a jury of the sale and concealment of narcotics as charged in a seven count indictment. Upon the filing of a second offender information, he was sentenced to 15 years imprisonment on April 22, 1963, and is now in custody under that sentence.

On September 6, 1966, appellant filed a motion to vacate sentence pursuant to Section 2255 of Title 28 U.S.C. The motion was denied without a hearing on September, 7, 1966. This appeal followed.

Appellant alleged in his motion, and here contends that through fraud and deceit of his retained counsel he was deprived of (1) a material and principal witness for his defense, and (2) his constitutional right to have compulsory process for obtaining witnesses in his favor.

Eaton’s defense was entrapment. One George E. Carter, a Narcotics Enforce- ' ment Officer, was subpoenaed, but not called, by the Government. Eaton’s counsel also had a subpoena issued for Carter, which was returned unexecuted at the request of counsel. Eaton’s affidavit in support of his motion recites that he was assured by his counsel that Carter would be called as a witness and that counsel had subpoenaed Carter; that he did not learn of his…