Legal Opinion

James Delbert Smith v. United States

Court of Appeals for the Ninth Circuit

Decided April 10, 1969No. 22816_1Published

1Opinion

ON PETITION FOR REHEARING

2Per curiam

Appellant was convicted of the' interstate transportation of a counterfeiting device on January 10, 1967, in violation of 18 U.S.C. § 2314; and of the interstate transportation of a stolen motor vehicle on January 16, 1967, in violation of 18 U.S.C. § 2312. He was sentenced to ten years on the first charge and five years on the second, to run consecutively, a total of fifteen years.

Appellant attacked these convictions and sentences by motion under 28 U.S.C. § 2255, which the district court denied. One of appellant’s contentions was that the district court failed to…

3Cases cited11 opinions

  1. Zerbst v. KidwellSupreme Court of the United States · 1938
  2. Shelton v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1967
  3. Jenkins v. MadiganCourt of Appeals for the Seventh Circuit · 1954
  4. Charles Schiffman v. Fred T. Wilkinson, Warden, United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
  5. Harold L. Mock v. U.S. Board of ParoleCourt of Appeals for the D.C. Circuit · 1965

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