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  • United States v. Roy Lee Hill, 540 F.2d 1254, 4th Cir. (1976)

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    The United States Court of Appeals for the Fourth Circuit affirmed the judgment of the district court in the case of United States v. Roy Lee Hill. The sole issue on appeal was the competency of Hill's trial counsel. After reviewing the record, the appellate court found no errors of judgment to support Hill's allegation of incompetent counsel. However, Hill's appellate counsel raised matters outside the record during oral arguments, so the appellate court affirmed without prejudice, allowing Hill to potentially pursue those matters through a proceeding under 28 U.S.C. § 2255.

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    Filed: 1976-09-24 Precedential Status: Precedential Citations: 540 F.2d 1254 Docket: 74-2087

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    The United States Court of Appeals for the Fourth Circuit affirmed the judgment of the district court in the case of United States v. Roy Lee Hill. The sole issue on appeal was the competency of Hill's trial counsel. After reviewing the record, the appellate court found no errors of judgment to support Hill's allegation of incompetent counsel. However, Hill's appellate counsel raised matters outside the record during oral arguments, so the appellate court affirmed without prejudice, allowing Hill to potentially pursue those matters through a proceeding under 28 U.S.C. § 2255.

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    United States v. Roy Lee Hill, 540 F.2d 1254, 4th Cir. (1976)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the judgment of the district court in the case of United States v. Roy Lee Hill. The sole issue on appeal was the competency of Hill's trial counsel. After reviewing the record, the appellate court found no errors of judgment to support Hill's allegation of incompetent counsel. However, Hill's appellate counsel raised matters outside the record during oral arguments, so the appellate court affirmed without prejudice, allowing Hill to potentially pursue those matters through a proceeding under 28 U.S.C. § 2255.

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    of 1

    540 F.

    2d 1254

    UNITED STATES of America, Appellee,


    v.
    Roy Lee HILL, Appellant.
    No. 74-2087.

    United States Court of Appeals,


    Fourth Circuit.
    Argued Aug. 27, 1976.
    Decided Sept. 24, 1976.

    Michael D. Toobin, Alexandria, Va. (Barry R. Poretz, Lainof & Cohen,


    Alexandria, Va., on brief), for appellant.
    J. Frederick Sinclair, Asst. U. S. Atty. (William B. Cummings, U. S. Atty.,
    Alexandria, Va., on brief), for appellee.
    Before CRAVEN and BUTZNER, Circuit Judges, and FIELD, Senior
    Circuit Judge.
    PER CURIAM.

    This appeal presents the single question of the competency of trial counsel. We
    discern from the record no errors of judgment to support the allegation and
    affirm the judgment below.

    During oral argument appellate counsel suggested to us matters outside the


    record that can best be developed, if true, in a proceeding below pursuant to 28
    U.S.C. 2255. Our decision herein is without prejudice to the right of the
    appellant to seek collateral relief under 2255.

    AFFIRMED.

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