Wilfred Marion Gray v. United States

Ninth Circuit

Wilfred Marion Gray v. United States

459 F.2d 478, 1972 U.S. App. LEXIS 9836

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 1, 1972

Docket26216

StatusPublished

This text of 459 F.2d 478 (Wilfred Marion Gray 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

Wilfred Marion Gray v. United States, 459 F.2d 478, 1972 U.S. App. LEXIS 9836 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

Appellant appeals from an order of the district court denying, after evidentiary hearing, his motion under 28 U.S.C. § 2255 to vacate and set aside his conviction.

Appellant was convicted on a charge of kidnapping in violation of 18 U.S.C. § 1201(a), following a plea of guilty on October 6, 1965. On October 22, 1965, he was sentenced to life imprisonment under 18 U.S.C. § 4208(a) (2).

Evidentiary hearing on appellant’s motion was conducted by the same district judge who conducted the criminal proceedings. Appellant testified in person at such hearing.

Appellant was represented by counsel during the 1965 criminal proceedings which led to his guilty plea and sentence, and during the hearing on his motion. He has chosen to appeal in propria persona.

We have carefully examined the record in this case, including the well-prepared Memorandum and Order filed by the district judge denying appellant’s motion. The crucial findings of fact, based upon conflicting evidence, are supported by substantial evidence and in no manner can be found to be clearly erroneous.

The order appealed from is affirmed.

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