Louis Perez Cerda v. United States

Louis Perez Cerda, serving a ten-year sentence as a result of his conviction on two federal narcotics charges, appeals from district court dismissal, without hearing, of his motion under 28 U.S.C. § 2255 , to vacate sentence. A direct appeal from his conviction, and an appeal from a dismissal without hearing of an earlier section 2255 motion have previously been decided adversely to Cerda. Cerda v. United States, 391 F.2d 219 (9th Cir. 1968); Cerda v. United States, 424 F.2d 544 (9th Cir. 1970).

In his present appeal, Cerda asserts a violation of due process in the knowing use by the Government at trial of perjured testimony and the Government’s suppression of evidence; a lack of effective assistance of counsel at his trial and on appeal, in violation of his Sixth Amendment rights; and a failure of the district court to consider him for sentencing under the Narcotic Addict Rehabilitation Act, 18 U.S.C. §§ 4251-4255 .

The district court dismissed the instant section 2255 motion without calling for any response from the Government and without a hearing. After reviewing the record of all the proceedings in this case back to trial, we conclude that the cause should be remanded for…