Legal Opinion
Emilio Elisandro Ybarra v. United States
Court of Appeals for the Ninth Circuit
Decided June 14, 1972No. 26591PublishedCited by 13 opinions
1Opinion of the Court
WHELAN, District Judge:
Appellant appeals from the order of the District Court denying him a Writ of Error Coram Nobis and dismissing his action. This Court has jurisdiction under 28 U.S.C. §§ 1291 and 1294(1).
Appellant moved in the District Court to vacate the sentence imposed on him on December 7, 1944, after his plea of guilty to an indictment charging violation of 21 U.S.C. § 174 on that date in the District Court. His sentence of three years having long since been served, relief under 28 U.S.C. § 2255 as requested by him in his petition does not lie. He is entitled to relief only if he is…
2Cases cited11 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Sibron v. New YorkSupreme Court of the United States · 1968
- McCarthy v. United StatesSupreme Court of the United States · 1969
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- United States v. MorganSupreme Court of the United States · 1954
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. PaszkoMassachusetts Supreme Judicial Court · 1984
- United States v. WeaverUnited States Court of Military Appeals · 1975
- Robert Melvin Mayes v. George W. Pickett, WardenCourt of Appeals for the Ninth Circuit · 1976
- Angelo Bruno v. United StatesCourt of Appeals for the Eighth Circuit · 1973
- United States v. TylerDistrict Court, M.D. Florida · 1976
8 more not listed; retrieve them via the Exa API.