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BOYDEN v. UNITED STATES

No. 26805.

443 F.2d 377 (1971)

Gerald Glen BOYDEN, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

June 18, 1971.

Attorney(s) appearing for the Case

Gerald Glen Boyden, in pro. per.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division; John F. Walter, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BROWNING and ELY, Circuit Judges.

PER CURIAM:

The order dismissing Boyden's 28 U. S.C. § 2255 petition is affirmed.

Much of his petition sought to relitigate issues decided against him in Boyden v. United States, 9 Cir., 363 F.2d 551, cert. den. 385 U.S. 978, 87 S.Ct. 521, 17 L.Ed.2d 440.

Additionally, he challenges the make-up of the grand jury which indicted him. His allegations do not bring him within Whitus v. Georgia, 385 U...

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