Jordan v. Richardson, 26778.
Citation | 443 F.2d 32 |
Decision Date | 17 May 1971 |
Docket Number | No. 26778.,26778. |
Parties | Allen Levair JORDAN and Alvina Le Jan Johnson, Appellants, v. Greg. B. RICHARDSON, Warden, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Edward L. Cragen, San Francisco, Cal., for appellants.
Robert L. Meyer, U. S. Atty., Gregory E. Fischbach, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.
By this proceeding, under 28 U.S.C. § 2255, the sole issue Petitioners sought to litigate was one which had been decided against them during the criminal trial, and which was fully considered by this court on their appeals from the conviction, and held to be without merit. Jordan v. United States, 416 F.2d 338 (9th Cir. 1969), cert. denied, 397 U.S. 920, 90 S.Ct. 930, 25 L.Ed.2d 101 (1970).
The district court was right in summarily dismissing the instant action. Medrano v. United States, 315 F.2d 361 (9th Cir. 1963), cert. denied, 375 U.S. 854, 84 S.Ct. 114, 11 L.Ed.2d 81; Sykes v. United States, 341 F.2d 104 (8th Cir. 1965).
Affirmed.
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Egger v. U.S., 74--2196
...are not subject to collateral attack under 28 U.S.C. § 2255. Clayton v. United States, 447 F.2d 476 (9th Cir. 1971); Jordan v. Richardson, 443 F.2d 32 (9th Cir. 1971). Appellant argues, however, that his § 2255 motion raises a separate aspect of this question not considered on direct appeal......
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Stephan v. United States, 73-1959 and 73-1960.
...not error for the District Court to deny relief. These issues presented by appellants were decided on direct appeal. Jordan v. Richardson, 443 F.2d 32 (9th Cir. 1971); Blackwell v. United States, 429 F.2d 514, 516 (5th Cir. 1970); Konigsberg v. United States, 418 F.2d 1270, 1273 (3rd Cir. 1......
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Plany v. United States
...United States, 509 F.2d 745, 748 (9th Cir. 1975) (citing Clayton v. United States, 447 F.2d 476, 477 (9th Cir. 1971); Jordan v. Richardson, 443 F.2d 32 (9th Cir. 1971)); see United States v. Redd, 759 F.2d 699, 701 (9th Cir. 1985). And "[g]rounds which were apparent on original appeal canno......