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Castro v. United States

United States Court of Appeals, Ninth Circuit
Mar 8, 1971
436 F.2d 975 (9th Cir. 1971)

Opinion

No. 25197.

February 8, 1971. Rehearing Denied March 8, 1971.

Appeal from the United States District Court for the Central District of California; Irving Hill, Judge.

Hunsdon C. Stewart, of Tremaine, Shenk, Stroud Roberts, Los Angeles, Cal., for appellant.

Robert L. Meyer, U.S. Atty., Edward J. Wallin, Asst. U.S. Atty., Los Angeles, Cal., for appellee.

Before DUNIWAY, ELY and WRIGHT, Circuit Judges.


Appellant appeals from an order denying his motion to vacate his sentence under 28 U.S.C. § 2255.

On the authority of United States v. Weber, 429 F.2d 148 (9th Cir. 1970) and Quijada Gaxiola v. United States, 435 F.2d 264, (9th Cir., 1970), the order of dismissal is affirmed.

While Judge Ely concurs in the result, he wishes it noted that he does not retreat from the views expressed in his separate concurring opinion in Quijada Gaxiola.


Summaries of

Castro v. United States

United States Court of Appeals, Ninth Circuit
Mar 8, 1971
436 F.2d 975 (9th Cir. 1971)
Case details for

Castro v. United States

Case Details

Full title:Ramon Cortez CASTRO, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 8, 1971

Citations

436 F.2d 975 (9th Cir. 1971)

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