Richard Duane Brown v. United States

GOODWIN, Circuit Judge:

Richard Duane Brown appeals from a judgment denying his petition for relief under 28 U.S.C. § 2255. After his appeal had been calendared, we deferred submission pending the decision in Farrow v. United States, 580 F.2d 1339 (9th Cir. 1978) (en banc). We now remand for further proceedings as noted below.

In 1970, Brown was convicted of violations of 18 U.S.C. § 2314 (interstate transportation of forged securities), and was sentenced to fifteen years’ imprisonment. The conviction was affirmed in an unpublished memorandum.

In 1976, Brown filed the § 2255 petition now before…