Jackson Morgan v. United States

Good Law
696 F.2d 1239·1983 U.S. App. LEXIS 31268
United States Court of Appeals for the Ninth CircuitJanuary 18, 198381-3708California1,060 words

Opinion

Opinion

Ferguson, J.

In 1976 petitioner Morgan, a black man, was indicted for various narcotics offenses by a federal grand jury in Spokane, Washington. He was convicted by a jury and appealed on a number of grounds. The conviction was affirmed by this court in United States v. Jackson Morgan, 565 F.2d 1065 (9th Cir.1977), cert. denied, 435 U.S. 924 , 974, 98 S.Ct. 1487 , 1620, 55 L.Ed.2d 517 , 56 L.Ed.2d 67 (1978).

Morgan then attempted to have the judgment of conviction vacated pursuant to 28 U.S.C. § 2255 , on the ground that no members of his race had been on his grand or petit jury panels, or on the master jury wheel during the three-year period that the criminal proceedings against him were pending. The district court denied Morgan’s § 2255 motion without holding an evidentiary hearing. This court affirmed in Morgan v. United States, 622 F.2d 595 (9th Cir.1980) (unpublished memorandum) on the ground that since Morgan had alleged no information with regard to the black population of the district or division in which he was indicted and tried, his motion stated “only bald legal conclusions with no supporting factual allegations.”

Morgan then filed this second § 2255 motion, alleging that no…

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