Paul G. Murgia v. United States

In 1959,' petitioner was found guilty on two counts of violating federal narcotics laws. He also admitted that he was the perpetrator of a prior 1956 federal narcotics offense charged in the in formation. He received ten-year concurrent sentences on each count, the minimum term for second offenders. 21 U.S.C. § 174 .

In 1969, petitioner was successful in getting his 1956 conviction set aside on the ground that there had been inadequate compliance with Rule 11, F.R. Crim.P., in accepting his guilty plea. He now seeks to overturn his 1959 conviction and the sentence arising therefrom by way of a petition requesting relief under 28 U.S.C. § 2255 and a writ of error coram nobis.

Petitioner challenges the legality of his arrest and the body cavity search of his person which led to his 1959 conviction. These questions were answered adversely to petitioner on direct appeal, Murgia v. United States, 285 F.2d 14 (9th Cir. 1960), and consequently, are not reviewable again in a collateral proceeding. Stein v. United States, 390 F. 2d 625 (9th Cir. 1968).

Petitioner also contends that he was denied effective assistance of counsel when his attorney failed to discover and bring to the trial…