1. Home
  2. Browse Decisions
  3. F.2d
  4. 494 F.2d
  5. 494 F.2d 361 (1974)
 

LEANO v. UNITED STATES

No. 73-2520.

494 F.2d 361 (1974)

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

United States Court of Appeals, Ninth Circuit.

April 5, 1974.

Attorney(s) appearing for the Case

Gil Munzo Leano, in pro. per.

William D. Keller, U.S. Atty., Brendan D. Lynch, Asst. U.S. Atty., Los Angeles, Cal., for respondent-appellee.

Before KOELSCH, HUFSTEDLER and CHOY, Circuit Judges.

KOELSCH, Circuit Judge:

The district court's refusal to entertain Leano's present motion for relief pursuant to 28 U.S.C. § 2255 can be sustained only if at least one of Leano's two prior motions was determined against him "on the merits" as that term is explicated in Sanders v. United States, 373 U.S. 1, 16, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963).1

Because neither denial rested upon an evidentiary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases