Louis Perez Cerda v. United States

Louis Perez Cerda, serving a ten-year sentence as a result of his conviction on two federal narcotics charges, appeals from district court dismissal, without hearing, of his motion under 28 U.S.C. § 2255, to vacate sentence. A direct appeal from his conviction, and an appeal from a dismissal without hearing of an earlier section 2255 motion have previously been decided adversely to Cerda. Cerda v. United States, 391 F.2d 219 (9th Cir. 1968); Cerda v. United States, 424 F.2d 544 (9th Cir. 1970).

In his present appeal, Cerda asserts a violation of due process in the knowing use by the Government…