GIBILTERRA v. UNITED STATES

No. 24640.

428 F.2d 393 (1970)

Frank Lewis GIBILTERRA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 17, 1970.


Attorney(s) appearing for the Case

S. James Chapman, El Cajon, Cal., Frank Lewis Gibilterra, for appellant.

Harry D. Steward, U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.


PER CURIAM:

Appellant seeks relief under 28 U.S.C. § 2255 from a conviction, following a guilty plea, of impeding a border search (18 U.S.C. § 2231). After a hearing before the District Court his motion was denied. The sole question presented here is the validity of the guilty plea.

Appellant's principal contention is that at the time of the entry of the plea he was suffering withdrawal symptoms from narcotics addiction, and was primarily concerned...

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