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WEY HIM FONG v. UNITED STATES

No. 16940.

287 F.2d 525 (1961)

WEY HIM FONG, alias Wayne Fong, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 25, 1961.

Attorney(s) appearing for the Case

Wayne Fong, pro se, Lurline S. Bickel, Palo Alto, Cal., for appellant.

C. E. Luckey, U. S. Atty., David Robinson, Jr., Asst. U. S. Atty., Portland, Or., for appellee.

Before HAMLIN and MERRILL, Circuit Judges, and JAMESON, District Judge.

MERRILL, Circuit Judge.

Wey Him Fong appeals from order of the District Court entered without hearing denying his motion for relief under 28 U.S.C. § 2255.

On April 29, 1958, appellant was indicted on twelve counts of narcotics crimes in violation of 26 U.S.C. §§ 4704 (a) and 4705(a). He had formerly on January 28, 1949, been convicted of three narcotics violations. On May 12, 1959, he pleaded guilty to Count No. 1, charging him with sale of...

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