Earl Hunter v. United States

On November 5, 1963, Earl Hunter was convicted on both counts of a two-count indictment charging violations of federal narcotics laws. On December 2, 1963, a ten-year sentence was imposed on each count, the sentences to be served concurrently. We affirmed. Hunter v. United States, 9 Cir., 339 F.2d 425 , decided February 4, 1965. On January 26, 1967, Hunter tendered in the district court a motion under 28 U.S.C. § 2255 (1964) to vacate the judgment and sentence. The motion was filed on May 8, 1967 and denied, without hearing, on June 6, 1967. This appeal followed.

The grounds for relief asserted in the section 2255 motion pertain to the breach of an alleged promise of immunity from prosecution, the terms of which Hunter assertedly accepted and fulfilled, and to the alleged misuse of statements made by Hunter after the promise of immunity.

The essential facts relating to this matter, as alleged in appellant’s motion, are as follows: Hunter was arrested on June 18, 1963, by Agents Lipschutz and Perret of the Federal Bureau of Narcotics for the offenses which led to his subsequent conviction. Immediately after arresting him, the agents told Hunter that he could avoid an indictment…