JOHNSON v. UNITED STATES

No. 22009.

396 F.2d 779 (1968)

Douglas Cecil JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 21, 1968.


Attorney(s) appearing for the Case

Douglas Cecil Johnson in pro. per.

Sylvan A. Jeppesen, U. S. Atty., Boise, Idaho, for appellee.

Before MADDEN and DUNIWAY, Circuit Judges, and WEIGEL, District Judge.


WEIGEL, District Judge:

Appellant is a prisoner at McNeil Island Federal Penitentiary, Steilacoom, Washington. He appeals from the denial of his motion, under 28 U.S.C. § 2255 (1964), to set aside and vacate judgment and sentence.

On November 10, 1964, appellant was convicted by a jury of violating 18 U.S.C. § 659 (1964), as amended, (Supp. II, 1967) (theft from an interstate shipment). He was sentenced to five years in prison. His appeal from the...

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