Earnest Hammond v. United States

Appellant appeals from the judgment of the District Court denying a motion after a hearing, with appellant present, under Title 28, United States Code, section 2255 . Appellant was originally convicted of two counts of smuggling and conspiracy to smuggle in violation of Title 21, United States Code, section 174 . He duly appealed this judgment of conviction. Hammond v. United States, 356 F.2d 931 (CA 9, 1966).

On the original appeal, appellant urged that the following four alleged errors required reversal. First, the government failed to disclose an informant who alerted border guards to the possibility of heroin in the vehicle. Second, there was insufficient evidence to support the verdict. Third, appellant argued that he was denied a speedy trial. Fourth, he claimed that the cumulative effect of the first three near errors constituted error. The Court of Appeals rejected these claims and affirmed. Hammond v. United States, supra.

Appellant next moved for relief under § 2255. He again specified four errors, three of which were not previously claimed. These alleged errors are that: (1) He was held incommunicado for some time before trial and denied the use of the telephone to…