LONG v. UNITED STATES

No. 16741.

290 F.2d 606 (1961)

Eugene Wendell LONG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 21, 1961.


Attorney(s) appearing for the Case

Marvin D. Morgenstein, San Francisco, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Edward M. Medvene, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, HAMLIN and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

Under 28 U.S.C. § 2255, appellant seeks to set aside his sentence of imprisonment. The sentence resulted from a plea of guilty to a charge of the sale of heroin contrary to 26 U.S.C. §§ 4705(a) and 7237.

Appellant's motion was made upon the ground that his plea was not voluntary. Following hearing the District Court ruled that it was voluntary. The motion was denied and this appeal followed.

On December 29, 1958...

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