Anthony Fernandez v. Raymond W. Meier, Warden
Opinion
Opinion
Appellant was convicted in 1962 under various counts of two indictments charging interstate fraud in violation of 18 U.S.C. § 2314 . His conviction was affirmed by this Court on March 26, 1964, Fernandez v. United States, 329 F.2d 899 (1964), cert. den. 379 U.S. 832 , 85 S.Ct. 62 , 13 L.Ed.2d 40 .
Following his conviction he was sentenced to terms totaling eleven years and eleven months. In January of 1971, he was released from the penitentiary on parole.
In 1967, appellant filed in the court below petitions denominated by him as ones to set aside and nullify his sentence. These petitions were treated by the district court as being filed under 28 U.S.C. § 2255 . In such petitions he contended that the grand and petit juries which indicted and convicted him in 1962, were “illegally and unlawfully founded, arranged and constituted” in that:
Petitioner alleged that he was a Spanish-American person, born in the United States, from American naturalized Spanish parents.
The petitions were denied by the district court. On appeal from such orders this Court, by opinion dated March 6, 1969, Fernandez v. Meier, Warden, 408 F.2d 974 (9th Cir. 1969), stated, at page 976: