UNITED STATES v. SHERMAN

No. 71-2120.

474 F.2d 303 (1973)

UNITED STATES of America, Respondent-Appellee, v. John William SHERMAN, Petitioner-Appellant.

United States Court of Appeals, Ninth Circuit.

February 1, 1973.


Attorney(s) appearing for the Case

John William Sherman, in pro. per.

Sidney I. Lezak, U. S. Atty., Vinita Jo Neal, Asst. U. S. Atty., Portland, Or., for respondent-appellee.

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges.


DUNIWAY, Circuit Judge:

On September 3, 1969 Sherman pled guilty to a charge of violating the Dyer Act, 18 U.S.C. § 2312. Later he moved to vacate his conviction under 28 U.S.C. § 2255, alleging that the record of the proceedings at the taking of his plea did not show that he was advised of his right against compulsory self-incrimination. This, he says, is contrary to the decision in Boykin v. Alabama, 1969,

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