Court of Appeals for the Ninth Circuit June 21, 1968, 22009 (Douglas Cecil Johnson v. United States)

WEIGEL, District Judge:

Appellant is a prisoner at McNeil Island Federal Penitentiary, Steilacoom, Washington. He appeals from the denial of his motion, under 28 U.S.C. § 2255 (1964), to set aside and vacate judgment and sentence.

On November 10, 1964, appellant was convicted by a jury of violating 18 U.S.C. § 659 (1964), as amended, (Supp. II, 1967) (theft from an interstate shipment).