JOHNSTON v. UNITED STATES

No. 10779.

145 F.2d 137 (1944)

JOHNSTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 10, 1944.


Attorney(s) appearing for the Case

Clarence L. Gere, of Seattle, Wash., for appellant.

J. Charles Dennis, U. S. Atty., and G. D. Hile, Asst. U. S. Atty., both of Seattle, Wash., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


STEPHENS, Circuit Judge.

In December of 1939 defendant Johnston was indicted and adjudged guilty, upon the entry of his plea of guilty, for robbing the mail and endangering the life of a mail custodian by the use of a dangerous weapon in violation of 18 U.S.C.A. § 320. He was sentenced to imprisonment for twenty-five years. In March of 1944 he made the within motion, before the United States District Court which had presided over the original hearing, to vacate...

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