PARKER v. UNITED STATES

No. 72-2327.

474 F.2d 697 (1973)

Frank J. PARKER, Plaintiff-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 2, 1973.


Attorney(s) appearing for the Case

Frank J. Parker in pro. per.

Joseph L. Ward, U. S. Atty., Daniel L. Ahlstrom, Asst. U. S. Atty., Las Vegas, Nev., for respondent-appellee.

Before TRASK, CHOY and GOODWIN, Circuit Judges.


PER CURIAM:

Parker appeals the district court's denial of his petition for post-conviction relief under 28 U.S.C. § 2255. We affirm.

Appellant was indicted on three counts of sale of heroin and one count of facilitation of transportation and concealment of heroin. After the first day of deliberation on its verdict, the jury was allowed to go home and, in preparing to do so, handed the exhibits to the clerk. By inadvertence, amid the exhibits was interlaid...

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