AIKINS v. UNITED STATES

No. 74-2619.

530 F.2d 1330 (1976)

Virgil Leroy AIKINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

February 9, 1976.


Attorney(s) appearing for the Case

Virgil L. Aikins, in pro. per.

William C. Smitherman, U.S. Atty., Tucson, Ariz., for respondent-appellee.

Before WRIGHT and CHOY, Circuit Judges, and EAST, Senior District Judge.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

Petitioner presents the novel question whether the offense to which he pleaded guilty occurred within the territorial jurisdiction of the United States. The district court, after conducting an evidentiary hearing, determined that it had and denied petitioner's motion to vacate sentence pursuant to 28 U.S.C. § 2255. We affirm.

Petitioner was arrested at the Nogales, Arizona port of entry and charged with...

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