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MENDE v. UNITED STATES

No. 17363.

291 F.2d 395 (1961)

Milton MENDE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 16, 1961.

Attorney(s) appearing for the Case

Thomas T. Johnson, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Div., David Y. Smith, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, JERTBERG and KOELSCH, Circuit Judges.

PER CURIAM.

On September 26, 1960, we affirmed the judgment of Mende's conviction. Mende v. United States, 9 Cir., 282 F.2d 881.

With prison facing him, Mende has obtained new counsel who has made below a collateral attack on the judgment, claiming the indictment was so fatally defective that the trial court did not have jurisdiction to try him. The trial court rejected it.

The government makes a number of suggestions...

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