v3221-120

There is no merit in defendant's contention that

he was not properly represented at the trial. Defend-

ant was represented by an experienced, able and con-

scientious lawyer, but there is a limit to what any

lawyer can do for a defendant when the evidence so

clearly demonstrates his guilt.

The allegations that hearsay evidence was admitted

and that the failure of the informer to testify deprived

defendant of his constitutional rights are equally with-

out merit. A government agent who observed the

transaction testified. There is no requirement that

the government call all witnesses to a transaction

or that an informer must be called to testify. The testi-

mony of only one witness is sufficient to establish any

issue in the case.

Defendant's motion is denied."

JURISDICTION

Jurisdiction of the District Court was conferred by

28 U.S.C. 2255 and Rule 35, Federal Rules of Crim-

inal Procedure. Jurisdiction of this Court to review the

judgment of the District Court is conferred by 28

U.S.C. 2255 and 1291 and Rule 37a Federal Rules

of Criminal Procedure.

STATUTES INVOLVED

Title 28 U.S.C. 2255.

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