Charles Joseph Battaglia, Jr. v. United States

KILKENNY, Circuit Judge:

Appellant was indicted, tried and convicted, in a non-jury trial, on a charge of violating the Hobbs “Anti-Racketeering” Act, 18 U.S.C. § 1951. After his conviction was affirmed, Battaglia v. United States, 383 F.2d 303 (9th Cir. 1967), and his petition for certiorari denied, 390 U.S. 907, 88 S.Ct. 817, 19 L.Ed.2d 874 (1968), he moved to vacate sentence pursuant to 28 U.S.C. § 2255. Relief was sought on the ground that he was under the influence of drugs at the time of trial, and, consequently, unable to understand the charges against him or to meaningfully cooperate…