Fred Stein v. United States

This appeal is from an order denying appellant’s motion to vacate and set aside his sentence, judgment, and indictment under the provisions of Title 28, U.S.C. § 2255 . This court has jurisdiction pursuant to 28 U.S.C. §§ 2253 , 2255.

In March, 1958, a six-count indictment charged appellant, Stein, with conspiracy and sale of heroin. After a jury trial, Stein was convicted of five of the six counts and sentenced to the custody of the Attorney General for imprisonment for a period totaling 50 years. Stein appealed the conviction and sentence; this court affirmed. Stein v. United States, 271 F.2d 895 (9 Cir. 1959), cert. denied, 362 U.S. 950 , 80 S.Ct. 860 , 4 L.Ed.2d 868 (1960). Stein filed an earlier § 2255 motion, which was denied, and we affirmed. Stein v. United States, 313 F.2d 518 (9th Cir. 1962), cert. denied 373 U.S. 918 , 83 S.Ct. 1307 , 10 L.Ed.2d 417 (1963).

On May 27, 1966, Stein filed the instant § 2255 motion, alleging:

1) that appellant’s trial counsel acted in collusion with agents of the United States so as to deprive him of effective assistance of counsel; and

2) that the government knowingly used perjured testimony.

The district court judge denied the motion…