McClain

MEMORANDUM AND ORDER DENYING MOTION TO VACATE OR REDUCE SENTENCE ( 28 U.S.C. § 2255 )

Defendant was found guilty in a court trial following his plea of not guilty of concealment and transportation of marijuana after illegal importation in violation of 21 U.S.C. § 176a in Case No. 1421-Cr. Upon a finding that a prior conviction was true, Defendant was thereupon sentenced to the statutory minimum of ten years. This conviction was affirmed on appeal in McClain v. United States, 417 F.2d 489 (9th Cir. 1969).

Defendant has now filed, pursuant to 28 U.S.C. § 2255 , a Motion to Vacate or Reduce Sentence in which he raises the following contentions:

(1) His conviction was a denial of due process of law because his counsel failed to adequately represent him.

(2) His right to be presumed innocent was denied by the Court’s expressed beliefs.

(3) The evidence was insufficient to warrant a finding of guilty.

(4) The Government knowingly presented perjurious testimony.

(5) Defendant was denied his right of confrontation of witnesses because the informer-witnesses misused the interpreter.

(6) Defendant was suffering from a physical disability which rendered him incompetent to defend…