Truman Adonis Williams v. United States

Appellant filed with the district court, under 28 U.S.C. § 2255 a motion to vacate, set aside or correct two sentences imposed by the Billings Division of the United States District Court for the District of Montana. These two sentences were in causes #315 and 316.

There were four grounds urged as the basis for the motion in the district court. Three of them were fully considered and decided in the court’s memorandum opinion entered May 27, 1966, 254 F.Supp. 199 , denying petitioner’s motion for a new trial in cause #316.

The fourth ground was new — that appellant had been denied effective assistance of counsel on his appeal from his conviction in cause #316, because his appeal was dismissed in this court of appeals by petitioner’s attorney, without any authority to so act. It was done, according to petitioner’s attorney, so as not to prejudice the petitioner’s stronger companion appeal and because counsel had been required to take an inconsistent position in the two cases.

The district court then ruled appellant was entitled to a hearing on his § 2255 charges, and heard the same on February 9, 1968, and made findings (C.T. 17A and 18), holding that appellant was denied his…