Legal Opinion

Wey Him Fong, Alias Wayne Fong v. United States

Court of Appeals for the Ninth Circuit

Decided January 25, 1961No. 16940PublishedCited by 12 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

Wey Him Fong appeals from order of the District Court entered without hearing denying his motion for relief under 28 U.S.C. § 2255.

On April 29, 1958, appellant was indicted on twelve counts of narcotics crimes in violation of 26 U.S.C. §§ 4704 (a) and 4705(a). He had formerly on January 28, 1949, been convicted of three narcotics violations. On May 12, 1959, he pleaded guilty to Count No. 1, charging him with sale of narcotics, and acknowledged his prior conviction. The remaining counts were dismissed. On May 20, 1959, he was sentenced as a second offender under the…

2Cases cited5 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. McDonald v. MassachusettsSupreme Court of the United States · 1901
  3. Harry Morris Sherman v. United StatesCourt of Appeals for the Ninth Circuit · 1957
  4. Beland v. United StatesCourt of Appeals for the Fifth Circuit · 1942
  5. Joseph Pettway, Jr. v. The United States of AmericaCourt of Appeals for the Sixth Circuit · 1954

3Cited by12 opinions

  1. Vasquez v. StateCourt of Criminal Appeals of Texas · 1972
  2. James W. Price v. J. Wayne Allgood, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1966
  3. BeatonMassachusetts Supreme Judicial Court · 1968
  4. Branning v. StateMississippi Supreme Court · 1969
  5. Alaway v. United StatesDistrict Court, C.D. California · 1968

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