443 F2d 377 Boyden v. United States

443 F.2d 377

Gerald Glen BOYDEN, Defendant-Appellant,
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.


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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.