United States v. Robert Edward Gravenmier

Gravenmier was convicted in federal court under an indictment reading as follows:

He appealed and we affirmed. Gravenmier v. United States, 9 Cir., 1967, 380 F.2d 30 , cert. denied, 1967, 389 U.S. 886 , 88 S.Ct. 167 , 19 L.Ed.2d 186 . On May 2, 1968, he filed a motion to set aside his conviction under 28 U.S.C. § 2255 . The motion was denied, and he appeals.

Gravenmier relies upon Haynes v. United States, 1968, 390 U.S. 85 , 88 S. Ct. 722 , 19 L.Ed.2d 923 . See also Grosso v. United States, 1968, 390 U.S. 62 , 88 S.Ct. 709 , 19 L.Ed.2d 906 ; Marchetti v. United States, 1968, 390 U.S. 39 , 88 S.Ct. 697 , 19 L.Ed.2d 889 ; Leary v. United States, 1969, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 .

In United States v. Benner, 9 Cir., 1969, 417 F.2d 421 ,(decided October 13, 1969), we carefully considered the contention that Gravenmier makes and rejected it. See also DePugh v. United States, 8 Cir., 1968, 401 F.2d 346, 351-352 ; Lewis v. United States, 10 Cir., 1969, 408 F.2d 1310 .

In Benner we held that the result may be different where the defendant is himself the maker of the weapon. But in this case Gravenmier does not assert that he was the maker, and there is nothing in the…