SMITH v. UNITED STATES

No. 18151.

321 F.2d 954 (1963)

Louis SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 16, 1963.


Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro and Frank L. Mallare, San Francisco, Cal., for appellant.

Warren C. Colver, U. S. Atty., and James R. Clouse, Jr., Asst. U. S. Atty., Anchorage, Alaska, for appellee.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.


HAMLIN, Circuit Judge.

This is an appeal by Louis Smith, appellant herein, from an order of the United States District Court for the District of Alaska denying appellant's petition under 28 U.S.C. § 2255 for an order setting aside his sentence. The facts in the main are undisputed, but are somewhat complicated.

On November 10, 1960, appellant was indicted in the United States District Court for the District of Hawaii, the indictment containing two counts...

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