William E. Jones v. United States

Good Law
423 F.2d 252·1970 U.S. App. LEXIS 10547
United States Court of Appeals for the Ninth CircuitFebruary 26, 197023503California1,962 words

Opinion

Opinion

Browning, J.

In 1964 petitioner pleaded guilty to an information charging a violation of 21 U.S.C. § 174 ; he was sentenced to ten years’ imprisonment. In 1966 he filed a petition under 28 U.S.C. § 2255 alleging that his guilty plea was induced by coercive in-custody interrogation without counsel, threats to himself and his family, an agreement to dismiss other charges, and promises of leniency.

The district court denied the petition on the ground that the records of the case conclusively showed that petitioner was entitled to no relief. Petitioner appealed. We reversed, and remanded for an evidentiary hearing. Jones v. United States, 384 F.2d 916 (9th Cir. 1967). After the evidentiary hearing was held the district court found that petitioner’s plea was entered voluntarily and understandingly, with full knowledge of the consequences, and denied the petition. Petitioner now appeals from that denial.

We have examined the record in the light of petitioner’s contentions and are satisfied that the judgment should be affirmed. In the main, petitioner’s arguments rest upon factual premises which the district court rejected — impliedly, but nonetheless clearly— and it is sufficient to say that these…

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