FONG v. UNITED STATES

No. 23760.

411 F.2d 1181 (1969)

Wayne FONG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 13, 1969.


Attorney(s) appearing for the Case

A. Allan Franzke (argued), of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for appellant.

Tommy Hawk (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Richard G. Helegson, Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BEEKS, District Judge.


BEEKS, District Judge:

Wayne Fong appeals from an order denying his motion to vacate his judgment and sentence. We have jurisdiction under 28 U.S.C. § 2255.

On the day he was to go to trial in May of 1958 appellant pleaded guilty to one count of a twelve-count indictment, which count charged the unlawful sale of narcotics. Before accepting the plea the trial judge carefully ascertained that Fong knew both the nature of the charge to which he wished to...

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