John L. Battaglia v. United States

ELY, Circuit Judge:

Appellant Battaglia is a federal prisoner who was convicted on August 19, 1964, for having violated 18 U.S.C. § 1343. He was convicted on six counts of the indictment under which he was charged, and the convictions on two of the counts were affirmed by this court. Battaglia v. United States, 349 F.2d 556 (9th Cir.), cert. denied, 382 U.S. 955, 86 S.Ct. 430, 15 L.Ed.2d 360 (1965). Thereafter, on July 15, 1966, Battaglia filed a motion, pursuant to 28 U.S.C. § 2255, to set aside and vacate his conviction. A number of contentions were advanced in the motion, but only two of…