UNITED STATES v. McDONALD

No. 79-2532.

611 F.2d 1291 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard J. McDONALD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 18, 1980.


Attorney(s) appearing for the Case

Richard J. McDonald, pro se.

Gerald S. Frank, Tucson, Ariz., on brief, for plaintiff-appellee.

Before CHOY and SNEED, Circuit Judges, and EAST, District Judge.


SNEED, Circuit Judge:

Appellant McDonald initiated these proceedings with his motion to vacate a sentence imposed by the district court following the revocation of appellant's probation. The sentence sought to be vacated was imposed on October 8, 1976 following the vacation of a sentence previously imposed on November 6, 1972 under which appellant was granted probation. Appellant asserts that jurisdiction to consider his motion rests on 28 U.S.C. § 2255 or that...

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