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UNITED STATES v. CHISUM

No. 25926.

436 F.2d 645 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Toney CHISUM, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 4, 1971.

Attorney(s) appearing for the Case

R. Richard Fusilier, Hollywood, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Brian J. O'Neill, Alan H. Friedman, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, DUNIWAY and TRASK, Circuit Judges.

DUNIWAY, Circuit Judge:

In 1967, Chisum was convicted on all counts of a ten-count indictment charging violations of 21 U.S.C. § 174 and 26 U.S.C. § 4705(a). He appealed to this court, and we, on January 14, 1970, affirmed the conviction. Chisum v. United States, 9 Cir., 1970, 421 F.2d 207. On March 5, 1970, Chisum filed a motion to vacate under 28 U.S.C. § 2255. He appeals from denial of that motion. We treat the motion...

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