RIVERA v. UNITED STATES

No. 18006.

318 F.2d 606 (1963)

Jesus RIVERA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1963.


Attorney(s) appearing for the Case

Jesus Rivera, Leavenworth, Kansas, in pro. per.

Cecil F. Poole, U. S. Atty., and David R. Urdan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLIN and BROWNING, Circuit Judges, and CROCKER, District Judge.


BROWNING, Circuit Judge.

Appellant was convicted of selling marihuana in violation of 21 U.S.C.A. § 176a; no appeal was taken. The present appeal seeks review of a subsequent order denying a motion under 28 U.S.C.A. § 2255 to vacate the judgment and sentence.

1. Appellant contends that the indictment did not meet Sixth Amendment standards because it failed to allege the name of the person to whom he sold marihuana, or the price paid. Neither of these...

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