Gary Julius Paige v. United States

Ninth Circuit

Gary Julius Paige v. United States

456 F.2d 1278, 1972 U.S. App. LEXIS 11451

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 7, 1972

Docket71-2255

StatusPublished

Cited by4 cases

This text of 456 F.2d 1278 (Gary Julius Paige v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gary Julius Paige v. United States, 456 F.2d 1278, 1972 U.S. App. LEXIS 11451 (9th Cir. 1972).

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Opinion

PER CURIAM:

Appealing from denial of relief under 28 U.S.C. § 2255, appellant assigns as error failure of the District Court to give consideration to various errors he asserts were committed in the course of his trial for bank robbery. One of these alleged errors was raised by appellant on direct appeal from judgment of conviction and was rejected by this court. United States v. Paige (9th Cir. 1971). The others relate to matters of evidence, the use of memoranda by a witness and remarks made by the government attorney. All could have been asserted on direct appeal but were not. None is of such dimensions as to present a question of due process. A sentence is not subject to collateral attack on the basis of such alleged error. Dodd v. United States, 321 F.2d 240 (9th Cir. 1963).

Judgment affirmed.

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PER CURIAM:

Appealing from denial of relief under 28 U.S.C. § 2255, appellant assigns as error failure of the District Court to give consideration to various errors he asserts were committed in the course of his trial for bank robbery. One of these alleged errors was raised by appellant on direct appeal from judgment of conviction and was rejected by this court. United States v. Paige (9th Cir. 1971). The others relate to matters of evidence, the use of memoranda by a witness and remarks made by the government attorney. All could have been asserted on direct appeal but were not. None is of such dimensions as to present a question of due process. A sentence is not subject to collateral attack on the basis of such alleged error. Dodd v. United States, 321 F.2d 240 (9th Cir. 1963).

Judgment affirmed.

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456 F.2d 1278, 1972 U.S. App. LEXIS 11451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-julius-paige-v-united-states-ca9-1972.

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