Richard Stanley v. United States

Good Law
239 F.2d 765
United States Court of Appeals for the Ninth CircuitJanuary 24, 195714870_1California374 words

Opinion

Opinion

Stanley was convicted in the court below upon indictments charging several offenses committed through unlawful sale of narcotics. Sentences were imposed, some of them to run concurrently, and some consecutively, for a total term of imprisonment of ten years. The judgments of conviction were not appealed, but subsequently Stanley filed a motion to set aside and vacate the judgment and sentence pursuant to the provisions of Title 28 U.S.C.A. § 2255 . His motion was denied. No appeal was taken and he proceeded to file a second motion, which also was denied. From the order denying that motion, Stanley has appealed to this court.

The motion sets forth no grounds for relief under § 2255. It does set forth at great length what Stanley asserts were the facts relating to the charges made against him which in general amount to a claim that the evidence was insufficient to warrant his conviction.

Appellant, in an amendment to his motion, alleged that the federal officers who procured his arrest were guilty of entrapment but the facts set forth in the motion itself disclose that no circumstances amounting to entrapment occurred. In any event, such a defense is not available to appellant in…

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