BALLINGER v. UNITED STATES

No. 72-1866.

470 F.2d 739 (1972)

Kenneth Paul BALLINGER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1972.


Attorney(s) appearing for the Case

Kenneth Paul Ballinger, in pro. per.

James L. Browning, Jr., U. S. Atty., F. Steele Langford, Paul J. Fitzpatrick, Asst. U. S. Attys., San Francisco, Cal., for respondent-appellee.

Before MERRILL, CHOY and WALLACE, Circuit Judges.


PER CURIAM:

Ballinger pleaded guilty to and was convicted of mail embezzlement in violation of 18 U.S.C. § 1709. He appeals from the district court's denial without a hearing of his § 2255 motion to vacate his five-year sentence. We affirm in part and remand in part.

Appellant's contention that the prosecution reneged on a plea bargain is without merit as it is based on the statement by his own attorney to him to the effect that a guilty plea would...

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