Stephen Robley Evans v. John Mitchell, Attorney General of the United States

Ninth Circuit

Stephen Robley Evans v. John Mitchell, Attorney General of the United States

458 F.2d 993

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 2, 1972

Docket71-2709

StatusPublished

Cited by5 cases

This text of 458 F.2d 993 (Stephen Robley Evans v. John Mitchell, Attorney General of the 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.

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Stephen Robley Evans v. John Mitchell, Attorney General of the United States, 458 F.2d 993 (9th Cir. 1972).

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Opinion

BARNES, Circuit Judge:

The issues presented on this appeal should have been presented on the direct appeal from the judgment of conviction. See United States v. Evans, 425 F.2d 302 (9th Cir. 1970), petition for rehearing denied January 5, 1971, cert. den. 402 U.S. 987, 91 S.Ct. 1648, 29 L.Ed.2d 153.

“Section 2255 cannot take the place of an original appeal. More properly stated, § 2255 may not be invoked to relitigate questions which were or should have been raised on a direct appeal from the judgment of conviction.” United States v. Marchese, 341 F.2d 782, 789 (9th Cir. 1965), cert. den. 382 U.S. 817, 86 S.Ct. 41, 15 L.Ed.2d 64.

See also Hammond v. United States, 408 F.2d 481 (9th Cir. 1969), and United States v. Rocha, 458 F.2d 441 (9th Cir., decided March 27, 1972).

Affirmed.

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