SEAMAN v. PARKER

No. 71-1689.

452 F.2d 764 (1971)

Nathan R. SEAMAN, Plaintiff-Appellant, v. Jacob J. PARKER et al., and United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 30, 1971.


Attorney(s) appearing for the Case

Leonard L. Nolting, Oakland, Cal., for plaintiff-appellant.

Sidney E. Smith, U. S. Atty., Wilbur T. Nelson, Asst. U. S. Atty., Boise, Idaho, for defendants-appellees.

Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The appellant, an American Indian, was convicted in 1967 upon a plea of guilty to the crime of assault with intent to commit rape upon a non-Indian female. This appeal represents his second attempt to obtain relief from the judgment and sentence under the provisions of 28 U.S.C. § 2255. This court has jurisdiction under 28 U.S.C. § 2253.

The issue before us is simply this: Did the petitioner allege any ground in his...

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