James Delbert Smith v. United States

454 F.2d 1330

James Delbert SMITH, Petitioner-Appellant,

v.

UNITED STATES of America, Respondent-Appellee.

No. 26176.

United States Court of Appeals,

Ninth Circuit.

Jan. 27, 1972.

James Delbert Smith, in pro. per.

Bart M. Schouweiller, U. S. Atty., Reno, Nev., for appellee.

Before ELY, WRIGHT and CHOY, Circuit Judges.

1

This is the second time that Smith has come to this court on appeal from a District Court's denial without a hearing of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. Sec. 2255. The facts relating to his passage through the courts prior to filing the instant…