JOHNSON v. UNITED STATES

No. 23577.

414 F.2d 807 (1969)

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

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 18, 1969.


Attorney(s) appearing for the Case

Douglas Cecil Johnson, in pro. per.

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

Before HAMLIN, MERRILL and ELY, Circuit Judges.


HAMLIN, Circuit Judge.

By reason of its particular facts,1 we believe it proper to remand this case to the district court for purposes of holding a hearing. If the district court finds that appellant did not voluntarily, knowingly, and intelligently execute the election not to commence service of his sentence, or did not realize the effects of such election, then his application to the district court to reduce his sentence to the extent...

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