JOHNSON v. UNITED STATES

No. 71-2864.

460 F.2d 1203 (1972)

Sam A. JOHNSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 25, 1972.


Attorney(s) appearing for the Case

Tom O'Toole, Asst. Federal Public Defender (argued), Tom Karas, Federal Public Defender, Phoenix, Ariz., for petitioner-appellant.

Morton Sitver, Asst. U. S. Atty. (argued), William C. Smitherman, U. S. Atty., Phoenix, Ariz., for respondent-appellee.

Before CARTER, WRIGHT and TRASK, Circuit Judges.


JAMES M. CARTER, Circuit Judge:

This is an appeal from a denial of relief under 28 U.S.C. § 2255, following an evidentiary hearing. The sole question concerns the failure of the trial judge to advise appellant, at the time of his guilty pleas, that he might receive consecutive sentences on guilty pleas to second degree murder. We affirm.

Appellant, an Indian, was charged by indictment in three counts of the murder in December 1959, of three Indian girls...

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