HILDERBRAND v. UNITED STATES

No. 15623.

261 F.2d 354 (1958)

Francis J. HILDERBRAND, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 5, 1958.


Attorney(s) appearing for the Case

Totton P. Heffelfinger, II, Kenneth F. Phillips, San Francisco, Cal., for appellant.

Charles P. Moriarty, U. S. Atty., Raymond A. Reiser, Asst. U. S. Atty., Seattle, Wash., Robert Schnacke, U. S. Atty., San Francisco, Cal., for appellee.

Before STEPHENS, Chief Judge, DENMAN, Senior Circuit Judge and POPE, Circuit Judge.


DENMAN, Senior Circuit Judge.

Francis J. Hilderbrand, hereafter appellant, appeals from a denial by the District Court for the Western District of Washington of his motion under 28 U.S. C. § 2255 to vacate judgment.

On August 16, 1952, upon a plea of guilty, appellant was convicted of second degree murder under 18 U.S.C. § 1111 by the United States District Court for the Western District of Washington. He was sentenced to serve thirty-five years...

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