Whitney v. United States

MEMORANDUM

REGAN, District Judge.

This motion filed pursuant to Section 2255, 28 U.S.C. has been transferred to this Court for consideration. It is the third such *1237motion in which petitioner urges ineffective assistance of retained counsel as a ground for vacating his 1970 conviction of violating Section 659, 18 U.S.C. (possession of goods stolen from an interstate shipment having a value in excess of $100). The conviction was affirmed in United States v. Whitney, 450 F.2d 290 (8 Cir. 1971), cert. denied 405 U.S. 993, 92 S.Ct. 1266, 31 L.Ed.2d 462 (1972). Petitioner is presently serving the 10…