STEIN v. UNITED STATES

No. 18137.

313 F.2d 518 (1962)

Fred STEIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 13, 1962.


Attorney(s) appearing for the Case

Fred Stein, in pro. per.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, and David R. Nissen, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and SOLOMON, District Judge.


SOLOMON, District Judge.

The principal issue in this case is whether a conspiracy count in an indictment is void for want of an allegation of an essential element of the substantive offense.

Appellant filed a motion under 28 U.S. C.A. § 2255 to vacate a judgment of conviction and sentence based upon a violation of the federal narcotics law. From an order denying his motion, he appeals.

Appellant was indicted on six counts for trafficking in unlawfully...

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