CORTEZ v. UNITED STATES

No. 18782.

337 F.2d 699 (1964)

Ruben R. CORTEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 22, 1964.


Attorney(s) appearing for the Case

Ruffo & Oneto, John B. Vasconcellos, Jr., San Jose, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MADDEN, Judge of Court of Claims, and JERTBERG and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

This appeal in forma pauperis is taken from a denial of a motion under 28 U.S.C. § 2255 to vacate a judgment of conviction. The district court held a hearing on the motion and found that Cortez had failed to sustain his burden of showing that his plea of guilty was not voluntary.

Cortez was indicted on August 30, 1961 for aiding and abetting his wife, Aurora, in illegally importing heroin, in violation of 21 U.S.C. § 174....

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