PERRY v. UNITED STATES

No. 19102.

332 F.2d 369 (1964)

Julius Dwaine PERRY, Sr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 25, 1964.


Attorney(s) appearing for the Case

Julius Dwaine Perry, Sr., in pro. per. Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, A. Robert Throckmorton, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG, BROWNING and DUNIWAY, Circuit Judges.


BROWNING, Circuit Judge.

1. Appellant, an indigent prisoner acting without the aid of counsel, petitioned for a writ of coram nobis, alleging that his guilty plea had been coerced. The district court dismissed the petition without reaching the merits, holding that the appropriate procedure was by way of motion under 28 U.S.C.A. § 2255. With this we agree. However, as we held in Smith v. United States, 309 F.2d 165, 166 (9th Cir...

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