CHERRY v. UNITED STATES

No. 17420.

299 F.2d 325 (1962)

Daniel Lee CHERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 13, 1962.


Attorney(s) appearing for the Case

Daniel Lee Cherry, in pro. per.

Cecil F. Poole, U. S. Atty., John Kaplan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MATHEWS, HAMLEY and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

This appeal is from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. Appellant, who was then 19 years old, was indicted for a violation of 18 U.S.C. § 2312, pleaded guilty, and on June 2, 1959, was placed on probation for five years. His probation was revoked on May 4, 1960, and the court sentenced him to the custody of the Attorney General pursuant to the Federal Youth Corrections Act, 18 U.S.C. § 5010 (b), until...

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