William Leon Wallace, Jr. v. United States

In 1961 appellant pleaded guilty to a charge of violating 18 U.S.C. § 912 (false impersonation of an officer or employee of the United States). Appellant was sentenced to three years’ imprisonment, served his time, and was discharged. He is currently serving an unrelated sentence in the California prisons. In October 1971 he filed a motion pursuant to 28 U.S.C. § 2255 attacking his 1961 conviction. Since appellant has been discharged from federal custody, his motion is properly treated as a petition in coram nobis.

Relief was denied by the district court on the ground that the issue raised had been determined in an earlier petition. We affirm, but on another ground.

1. Appellant’s present petition contains only the bald assertion that he did not know or understand the consequences of his plea. While we do not require allegations in minute detail in post-conviction petitions, Wagner v. United States, 418 F.2d 618 (9th Cir. 1969) , the bare statement of a legal conclusion will not suffice. Sanders v. United States, 373 U.S. 1, 19 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963). Appellant has not alleged sufficient particulars with respect to his competency at the time of the trial to…