Leroy Weathers v. United States

Ninth Circuit

Leroy Weathers v. United States

367 F.2d 394, 1966 U.S. App. LEXIS 4748

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 11, 1966

Docket20424_1

StatusPublished

Cited by3 cases

This text of 367 F.2d 394 (Leroy Weathers 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

Leroy Weathers v. United States, 367 F.2d 394, 1966 U.S. App. LEXIS 4748 (9th Cir. 1966).

Pincite

Opinion

PER CURIAM:

Appellant, under Title 28 U.S.C. § 2255 (1964), seeks to vacate and set aside a sentence of imprisonment on the ground that it was founded on perjured testimony to the knowledge of Government counsel. He has appealed from the District Court’s denial of relief.

The District Court granted appellant a ■hearing at which the trial witness — the alleged perjurer — was present. After hearing conflicting testimony from the witness and from appellant, the court credited the testimony of the witness and found that at trial he had testified truthfully.

The findings of the District Court were not clearly erroneous.

Judgment affirmed.

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