Legal Opinion

Jose R. Vargas v. United States

Court of Appeals for the Ninth Circuit

Decided February 3, 1972No. 71-2066PublishedCited by 5 opinions

1Per curiam

Appellant was convicted of selling heroin in violation of 21 U.S.C. § 174 and of concealing heroin in violation of the same section. He appealed and this court affirmed. United States v. Vargas, 436 F.2d 1280 (9th Cir. 1971). He then instituted this collateral proceeding under 28 U.S.C. § 2255 to vacate and set aside the conviction. The district court denied the section 2255 motion and Vargas appeals. We affirm.

On appeal Vargas challenges the legality of his search and arrest. The same issue was presented on Vargas’ direct appeal and was determined adversely to him. He is not entitled to a…

2Cases cited5 opinions

  1. W. C. Dodd v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  2. William Lorin Borchert v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  3. Fred Stein v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. United States of America, and v. Jose VargasCourt of Appeals for the Ninth Circuit · 1971
  5. Paul G. Murgia v. United StatesCourt of Appeals for the Ninth Circuit · 1971

3Cited by5 opinions

  1. James Lee Argo v. United StatesCourt of Appeals for the Ninth Circuit · 1973
  2. United States v. Enriqe Manuel Vivero, and Guadalupe Yanez MonjeCourt of Appeals for the Ninth Circuit · 1972
  3. Louis Perez Cerda v. United StatesCourt of Appeals for the Ninth Circuit · 1972
  4. Robert Hayward v. Walter T. Stone, SuperintendentCourt of Appeals for the Ninth Circuit · 1975
  5. Woodring v. United StatesDistrict Court, C.D. California · 1973

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