Anthony Marcella v. United States

Following conviction by jury, imposition of sentence, and the affirmance of the judgment of conviction by this court on appeal therefrom, [See: Marcella, Appellant, v. United States of America, Ap-pellee, 285 F.2d 322 (9th Cir. 1960), Rehearing denied February 3, 1961, C.D. 366 U.S. 911 , 81 S.Ct. 1085 , 6 L.Ed.2d 235 ], appellant filed a petition in the District Court seeking relief under 28 U.S.C. § 2255 . Following extensive hearings before the District Court, at which hearings appellant, represented by court appointed counsel was present, the District Court denied appellant’s petition for relief, as follows:

Appellant filed a timely notice of appeal from such order. Appellant’s motion under 28 U.S.C. § 2255 stated:

The petition was set for hearing on December 3, 1962, at which appellant and his counsel were present. At that time the District Court stated that the only ground it felt it could inquire into was the allegation that there had been perjured testimony at the trial since the other grounds raised in the motion had been decided by this court. The court continued the hearing to December 10, 1962. On that occasion appellant’s counsel stated that he had been unable to…