Douglas Cecil Johnson v. United States

Appellant is a prisoner at McNeil Island Federal Penitentiary, Steilacoom, Washington. He appeals from the denial of his motion, under 28 U.S.C. § 2255 (1964), to set aside and vacate judgment and sentence.

On November 10, 1964, appellant was convicted by a jury of violating 18 U.S.C. § 659 (1964), as amended, (Supp. II, 1967) (theft from an interstate shipment). He was sentenced to five years in prison. His appeal from the conviction and sentence was consolidated with his appeal from the district court’s denial of a petition for habeas corpus. Johnson v. United States, 361 F.2d 447 (9th Cir.), cert. denied, 385 U.S. 976 , 87 S.Ct. 516 , 17 L.Ed.2d 439 (1966). That appeal, in which he was represented by counsel, raised five contentions which appellant now seeks to relitigate here. Brief for Appellant, Johnson v. United States, supra. In doing so, he offers nothing but a rehash of contentions previously urged upon and rejected by this court.

Appellant’s remaining contentions are also devoid of merit. There is no factual support for his claim that his conviction was tainted by suppression of evidence on the part of the prosecution. The same shortcoming attends the claim of a…