United States of America, and v. Paul Douglas Allen

Ninth Circuit

United States of America, and v. Paul Douglas Allen

432 F.2d 550

Court of Appeals for the Ninth Circuit·Decided September 9, 1970·No. 24898·Published

Opinion

PER CURIAM:

Under 28 U.S.C. § 2255 appellant seeks to set aside his guilty plea to a marijuana charge.

We find, contrary to appellant’s view, that there was adequate compliance with Rule 11, Federal Rules of Criminal Procedure.

The attack on the constitutionality of 26 U.S.C. 4744(a) (1) is precluded by our decision in United States v. Weber, 9 Cir., 429 F.2d 148, 1970. See also Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747.

The decision of the district court is affirmed.

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PER CURIAM:

Under 28 U.S.C. § 2255 appellant seeks to set aside his guilty plea to a marijuana charge.

We find, contrary to appellant’s view, that there was adequate compliance with Rule 11, Federal Rules of Criminal Procedure.

The attack on the constitutionality of 26 U.S.C. 4744(a) (1) is precluded by our decision in United States v. Weber, 9 Cir., 429 F.2d 148, 1970. See also Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747.

The decision of the district court is affirmed.

United States of America, and v. Paul Douglas Allen, 432 F.2d 550 (9th Cir. 1970).

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Opinion

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