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UNITED STATES v. SHELTON

No. 71-1894.

459 F.2d 1005 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Ronald SHELTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 24, 1972.

Attorney(s) appearing for the Case

James R. Shelton, pro se.

Harry D. Steward, U. S. Atty., Donald J. Shanahan, Robert H. Filsinger, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.

Before CARTER and TRASK, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

Appellant was convicted, following a non-jury trial, of the illegal importation of heroin, in violation of 21 U.S.C. § 174, and on July 28, 1969 was sentenced to five years imprisonment. On August 11, 1969 an appeal was taken from the judgment of conviction.1

In June, 1970, while the appeal was pending, appellant, acting pro se, filed a motion for a new trial, claiming ineffective assistance of counsel

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