Vernell v. U.S., 76-3929
| Decision Date | 21 September 1977 |
| Docket Number | No. 76-3929,76-3929 |
| Citation | 559 F.2d 963 |
| Parties | Louis VERNELL, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert W. Rust, U. S. Atty., Marsha L. Lyons, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before THORNBERRY, RONEY and HILL, Circuit Judges.
Louis Vernell appeals from the denial on September 7, 1976, of his Motion for Rehearing and Vacation of an Order dismissing his § 2255 petition. The Motion for Rehearing and Vacation of an Order requests reconsideration of issues which have been raised and reviewed in earlier motions and appeals. Vernell still asks that his conviction be overturned because of the same "newly discovered evidence" which was before this court at the time of his first direct appeal and because of the same perjured testimony and alleged wiretap which was before this court on the appeal from the denial of the motion for a new trial. The grounds raised in the instant § 2255 petition have been previously decided by both the district court and this court in petition for rehearing, motion for new trial, and the direct appeal therefrom. Accordingly, we AFFIRM. See, e.g., Blackwell v. United States, 429 F.2d 514 (5 Cir. 1970); Del Genio v. United States, 352 F.2d 304 (5 Cir. 1965).
To continue reading
Request your trial
-
U.S. v. Byers
...reviewable under abuse of discretion standard); Buckelew v. United States, 575 F.2d 515, 517-518 (5th Cir.1978); Vernell v. United States, 559 F.2d 963, 964 (5th Cir.1977), cert. denied, 435 U.S. 1007, 98 S.Ct. 1876, 56 L.Ed.2d 388 (1978). Some courts have held that such matters are complet......
-
U.S. v. Cisneros
...opinion. Matters that have been rejected on appeal cannot be re-attacked collaterally pursuant to 28 U.S.C. § 2255. Vernell v. United States, 559 F.2d 963, 964 (5th Cir.1977); Del Genio v. United States, 352 F.2d 304 (5th With the few exceptions noted above, the report and recommendation of......
-
Denton v. United States, CASE NO. 3:14-CV-8052-SLB
...Court of Appeals] in [his] petition for rehearing, [his] motion for new trial, and [his] direct appeal." See Vernell v. United States, 559 F.2d 963, 964 (5th Cir. 1977);4 see also United States v. Sanders, 723 F.2d 34, 36 (8th Cir. 1983)("Absent an intervening change in the applicable law, ......
-
Buckelew v. U.S.
...a matter need not be reconsidered on a section 2255 motion if it has already been determined on direct appeal, see Vernell v. United States, 559 F.2d 963 (5th Cir. 1977), petition for cert. denied, --- U.S. ----, 98 S.Ct. 1876, 55 L.Ed.2d --- (1978); Fuentes v. United States, 455 F.2d 910, ......