Mengarelli v. United States

ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT THE SENTENCE

HAUK, District Judge.

Petitioner is in federal custody pursuant to his conviction by a jury before the Honorable Bruce R. Thompson, Judge. The relevant facts are as follows;

Petitioner was convicted on the 20th day of February, 1969, of conspiracy to evade or defeat the federal excise tax imposed upon wagers (18 U.S.C. § 371; 26 U.S.C. § 4401 et seq.) and thereafter sentenced by Judge Thompson to one year in prison and a $10,000.00 fine. On May 12, 1970, his appeal was denied in Mengarelli v. United States, 426 F.2d 985 (9th Cir.…