YESTERDAY v. UNITED STATES

No. 25632.

442 F.2d 1020 (1971)

Ambrose YESTERDAY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 3, 1971.


Attorney(s) appearing for the Case

Richard Bilby (argued), Tucson, Ariz., for plaintiff-appellant.

Thomas Crowe (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for defendant-appellee.

Before HAMLEY, BROWNING and TRASK, Circuit Judges.


PER CURIAM:

In 1936 petitioner was indicted for first-degree murder under 18 U.S.C. § 548 (1934 ed.), pleaded guilty to a reduced charge of second-degree murder, and was sentenced to forty years' imprisonment. In 1969 he filed a motion under 28 U.S.C. § 2255 alleging that his plea was not made with a full understanding of the nature of the charge and the possible consequences of the plea. The district court held an evidentiary hearing. The records of petitioner...

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