BATTAGLIA v. UNITED STATES

No. 72-2214.

469 F.2d 686 (1972)

Charles Joseph BATTAGLIA, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 20, 1972.


Attorney(s) appearing for the Case

Richard G. Sherman, of Sherman & Sturman, Beverly Hills, Cal., for petitioner-appellant.

William C. Smitherman, U. S. Atty., James D. Whitney, David S. Hoffman, Asst. U. S. Attys., Tucson, Ariz., for respondent-appellee.

Before HAMLEY, DUNIWAY and CHOY, Circuit Judges.


PER CURIAM:

Charles Battaglia, a federal prisoner, appeals a district court order denying his motion for post-conviction relief pursuant to 28 U.S.C. § 2255. We affirm.

In 1967 he was convicted of violating 19 U.S.C. § 1951 (The Hobbs Act). He alleges that during the trial he was under the influence of drugs and therefore was incompetent to assist in his own defense and to confront his accusers. He also alleges that failure by his two attorneys to...

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