443 F2d 377 Boyden v. United States

443 F.2d 377

Gerald Glen BOYDEN, Defendant-Appellant,
v.
UNITED STATES of America, Plaintiff-Appellee.

No. 26805.

United States Court of Appeals, Ninth Circuit.

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.

PER CURIAM:

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1

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

2

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.

3

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.

4

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