Robert Charles Cauley v. United States

Good Law
294 F.2d 318·1961 U.S. App. LEXIS 3625
United States Court of Appeals for the Ninth CircuitSeptember 11, 196117302_1California735 words

Opinion

Opinion

Hamlin, J.

Robert Charles Cauley, appellant herein, was charged in an indictment filed in the United States District Court for the District of Oregon with eleven violations of the narcotic laws of the United States. After a trial by jury he was convicted on all eleven counts, and on September 17, 1957, he was sentenced by the district judge to a term of six years imprisonment on each count, the sentences to run concurrently. No appeal was taken from this conviction.

Over three years later and while in prison, appellant, in propria persona, filed a motion under 28 U.S.C.A. § 2255 to vacate the judgment and sentence theretofore imposed by the district judge. In this motion appellant alleged that (1) he was convicted on hearsay evidence and on the word of a federal officer alone; (2) that he was denied the right to prop er counsel; (3) that he was arrested without a warrant, and he and his home were searched without a search warrant; (4) that he was not arrested at the time of the alleged sale of narcotics; and (5) that one of the witnesses to the transaction was not_ produced by the government. The district judge who tried the case against appellant denied his motion by order dated December…

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