Legal Opinion
James Delbert Smith v. United States
Court of Appeals for the Ninth Circuit
Decided January 27, 1972No. 26176PublishedCited by 6 opinions
1Per curiam
This is the second time that Smith has come to this court on appeal from a District Court’s denial without a hearing of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. The facts relating to his passage through the courts prior to filing the instant motion are set out in full in our first opinion. Smith v. United States, 409 F.2d 1188, 1189 (9th Cir. 1968). There is no need to restate them here.
In the instant action, Smith raises ten claims, five of which were made in his previous case. We affirm the District Court’s denial of all claims.
1. In Smith’s original…
2Cases cited7 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Walker v. JohnstonSupreme Court of the United States · 1941
- United States v. John Christopher DoyleCourt of Appeals for the Second Circuit · 1965
- Frank Gomez v. United StatesCourt of Appeals for the Ninth Circuit · 1968
- Jerry Spencer Diamond v. United StatesCourt of Appeals for the Ninth Circuit · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- William John Wacht v. Harold J. Cardwell and the Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 1979
- UNITED STATES of America, Plaintiff-Appellee, v. Jesus Felix GUTIERREZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
- James Delbert Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1972
- Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
1 more not listed; retrieve them via the Exa API.