Tisnado v. United States

547 F.2d 452 Augustine Rivera TISNADO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee, John Moran, Director, Arizona Department of Corrections, and Harold Cardwell, Superintendent, Arizona State Prison, Respondents-Appellees. No. 75-1066. United States Court of Appeals, Ninth Circuit. Nov. 3, 1976. As Amended on Denial of Rehearing Dec. 22, 1976. B. Michael Dann (argued), of Treon, Warnicke & Dann, Phoenix, Ariz., for petitioner-appellant. Michael A. Johns, Asst. U. S. Atty. (argued), Phoenix, Ariz., for respondent-appellee. Before WRIGHT and CHOY, Circuit Judges, and ORRICK, * District judge. CHOY, Circuit Judge: 1 In 1967, Tisnado entered guilty pleas to two counts of conspiracy, 18 U.S.C. § 371 , arising out of two bank robberies. He was sentenced to two consecutive five-year terms, the federal sentences to commence at the termination of state sentences then in effect. 2 In 1974, Tisnado brought a 28 U.S.C. § 2255 challenge against the federal sentences, alleging that the two prior state convictions (one in 1967 and the other in 1954) were illegal, that it was therefore improper for the sentencing court to have considered them, and that…