United States v. Frederick Gary Hedberg

Ninth Circuit

United States v. Frederick Gary Hedberg

411 F.2d 607, 1969 U.S. App. LEXIS 12299

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 22, 1969

Docket23438_1

StatusPublished

Cited by4 cases

This text of 411 F.2d 607 (United States v. Frederick Gary Hedberg) 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

United States v. Frederick Gary Hedberg, 411 F.2d 607, 1969 U.S. App. LEXIS 12299 (9th Cir. 1969).

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Opinion

PER CURIAM:

Defendant was convicted upon a charge of violating 18 U.S.C. § 2312. The sole contention on appeal is that defendant did not effectively waive his right to the assistance of counsel at trial. Defendant concedes that this contention rests largely upon allegations of fact outside the record, and of course we are limited on this appeal to the record made in the court below. .

Contrary to defendant’s assumption, the right to present constitutional *608 issues requiring consideration of facts not appearing in the trial record by a proper petition under 28 U.S.C. § 2255 would not have been prejudiced by failure to pursue an appeal from the original conviction, and is not prejudiced by this affirmance.

The judgment is affirmed.

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PER CURIAM:

Defendant was convicted upon a charge of violating 18 U.S.C. § 2312. The sole contention on appeal is that defendant did not effectively waive his right to the assistance of counsel at trial. Defendant concedes that this contention rests largely upon allegations of fact outside the record, and of course we are limited on this appeal to the record made in the court below. .

Contrary to defendant’s assumption, the right to present constitutional *608 issues requiring consideration of facts not appearing in the trial record by a proper petition under 28 U.S.C. § 2255 would not have been prejudiced by failure to pursue an appeal from the original conviction, and is not prejudiced by this affirmance.

The judgment is affirmed.

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Bluebook (online)

411 F.2d 607, 1969 U.S. App. LEXIS 12299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-frederick-gary-hedberg-ca9-1969.

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