Leon D. Noah v. United States

Good Law
316 F.2d 159·1963 U.S. App. LEXIS 5814
United States Court of Appeals for the Ninth CircuitMarch 21, 196317586California489 words

Opinion

Opinion

The record shows that the above petitioner was convicted in the United States District Court of Oregon of charges contained in six counts of an eight-count indictment and was by that court sentenced to a term of imprisonment. An appeal from this judgment was timely filed in this court and was here affirmed on June 18, 1962. Noah v. United States, 304 F.2d 317 . In the prosecution of that appeal petitioner was represented by counsel.

On February 28, 1963, petitioner filed in this court in pro. per. what he describes as “Petition for a Writ of Error.” The opinion of this court in Noah v. United States, supra, determined adversely to petitioner the first four points set out by petitioner in this proceeding.

In Point No. V, appellant alleges “a prejudicial error was committed by this court because of the presence of the Honorable William T. Beeks, District Court Judge, sitting as a member of this tribunal. An indictment, Criminal No. 50460 was issued in the Western District of Washington, U. S. District Court, charging the Appellant and seven (7) other persons with conspiring to violate U. S. Narcotics Laws. The indictment is petitioner’s Exhibit ‘A’. The indictment was returned to…

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