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OLNEY v. UNITED STATES

No. 24862.

433 F.2d 161 (1970)

David W. OLNEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 5, 1970.

Attorney(s) appearing for the Case

David W. Olney, in pro. per.

Sidney I. Lezak, U. S. Atty., Charles H. Turner, Asst. U. S. Atty., D. Richard Hammersley, Special Asst. U. S. Atty., Portland, Or., for respondent-appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and LINDBERG, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Petitioner-appellant Olney was convicted of nine counts under an indictment charging him with possession, etc., of heroin in violation of the Federal narcotics laws. 21 U.S.C. § 174, 26 U. S.C. §§ 4704(a), 4705(a). The conviction was affirmed on direct appeal to this court.1

This appeal arises out of his petition under 28 U.S.C. § 2255 for release from custody filed in the district...

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