STEPHEN ROBLEY EVANS, APPELLANT,
v.
JOHN MITCHELL, ATTORNEY GENERAL OF THE UNITED STATES, APPELLEE
STEPHEN ROBLEY EVANS, APPELLANT,
JOHN MITCHELL, ATTORNEY GENERAL OF THE UNITED STATES, APPELLEE
458 F.2d 993
United States Court of Appeals for the Ninth Circuit (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Howard v. Daggett, 526 F.2d 1388 (9th Cir. 1975)
-
Valentine Torres v. United States, 469 F.2d 651 (9th Cir. 1972)
Authorities Cited
- Williams v. United States, 402 U.S. 987 (U.S. 1971)
- United States & Preston Smith v. Marchese, 341 F.2d 782 (9th Cir. 1965)
- United States v. Evans, 425 F.2d 302 (9th Cir. 1970)
- Tellier et ux. v. Commissioner of Internal Revenue, 382 U.S. 817 (U.S. 1965)
- Earnest Hammond v. United States, 408 F.2d 481 (9th Cir. 1969)
- United States v. Rocha, 458 F.2d 441 (9th Cir. 1972)