William M. Miller v. United States
This text of 339 F.2d 704 (William M. Miller 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.
Opinion
Under 28 U.S.C. § 2255, appellant sought a hearing attacking his conviction on a narcotics indictment. Previously, on appeal, Miller v. United States, 9 Cir., 302 F.2d 659, we affirmed the conviction. The district court denied a hearing on the § 2255 petition and denied any relief. This appeal followed.
The gravamen of Miller’s 21 page petition was that he was denied the effective aid of counsel.
Most of the allegations the district judge could appraise with the transcript of the trial before him. Further, he had presided at the trial. The allegations which could not be answered by a reading of the record or the judge’s recollection of the trial do not, if true, reach the point of showing that appellant was denied any constitutional rights.
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Cite This Page — Counsel Stack
339 F.2d 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-m-miller-v-united-states-ca9-1965.