LEANO v. UNITED STATES

No. 25520.

457 F.2d 1208 (1972)

Gil Munzo LEANO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 4, 1972.


Attorney(s) appearing for the Case

Gil M. Leano, in pro. per.

William D. Keller, U. S. Atty., David R. Nissen, Chief, Crim. Div., Tom G. Kontos, Asst. U. S. Atty., Los Angeles, Cal., for respondent-appellee.

Before ELY and KILKENNY, Circuit Judges, and LINDBERG, District Judge.


LINDBERG, District Judge.

This is an appeal from the district court's denial without a hearing of appellant's motion to set aside a judgment and sentence under 28 U.S.C. § 2255.

On October 18, 1967, a seven count indictment was returned against Leano, charging him with various heroin, marihuana and related tax violations. With representation by counsel, he pleaded guilty to two counts of selling marihuana in violation of 21 U.S.C. 176a, and, pursuant...

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