Gerald Glen Boyden, Defendant-appellant, v. United States of America, Plaintiff-appellee, 443 F.2d 377 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 443 F.2d 377 (9th Cir. 1971) June 18, 1971

Appeal from the United States District Court for the Central District of California; Jesse W. Curtis, Jr., District Judge.

Gerald Glen Boyden, in pro. per.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division; John F. Walter, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BROWNING and ELY, Circuit Judges.


The order dismissing Boyden's 28 U. S.C. § 2255 petition is affirmed.

Much of his petition sought to relitigate issues decided against him in Boyden v. United States, 9 Cir., 363 F.2d 551, cert. den. 385 U.S. 978, 87 S. Ct. 521, 17 L. Ed. 2d 440.

Additionally, he challenges the make-up of the grand jury which indicted him. His allegations do not bring him within Whitus v. Georgia, 385 U.S. 545, 87 S. Ct. 643, 17 L. Ed. 2d 599.

Other allegations in the petition were too conclusory to require consideration.