ROBERTS v. UNITED STATES

No. 18934.

331 F.2d 502 (1964)

Clifford E. ROBERTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 27, 1964.


Attorney(s) appearing for the Case

Clifford E. Roberts, in pro. per.

Cecil F. Poole, U. S. Atty., Rothwell B. Mason, Asst. U. S. Atty., and Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

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


DUNIWAY, Circuit Judge.

Roberts appeals from the denial of his motion to vacate and set aside his sentence (28 U.S.C. § 2255). We conclude that the order must be reversed, solely on the ground that the second count of the indictment under which he was convicted does not state an offense.

The indictment contains two counts, to both of which Roberts pleaded guilty. The first count charges that he "did * * * knowingly forge and counterfeit * * * the name...

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