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UNITED STATES v. DAVIS

No. 72-2438.

472 F.2d 596 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anthony DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 26, 1972.

Attorney(s) appearing for the Case

Marvin M. Karpatkin (argued), New York City, Daniel Kallen, Michael E. Somers, Santa Monica, Cal., Scott J. Tepper, Los Angeles Selective Service Lawyers' Panel, Los Angeles, Cal., Somers & Kallen, Santa Monica, Cal., Melvin Wulf, ACLU, New York City, for defendant-appellant.

John K. Cameron, Asst. U. S. Atty. (argued), Eric A. Nobles, Paul Sweeney, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and KILKENNY, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

This is an appeal from the denial of appellant's 28 U.S.C. § 2255 motion. The issue here presented is precisely the same as the one presented and decided adversely to appellant in United States v. Davis, 447 F.2d 1376 (CA9 1971), cert. denied 405 U.S. 933, 92 S.Ct. 939, 30 L.Ed.2d 809 (1972).

This circuit is firmly committed to the rule that where an issue has been decided on direct appeal from a conviction...

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