Broadus v. Lowry, 13054.
| Citation | 245 F.2d 304 |
| Decision Date | 10 June 1957 |
| Docket Number | No. 13054.,13054. |
| Parties | Judson BROADUS, Appellant, v. Dr. James V. LOWRY, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
245 F.2d 304 (1957)
Judson BROADUS, Appellant,
v.
Dr. James V. LOWRY, Appellee.
No. 13054.
United States Court of Appeals Sixth Circuit.
June 10, 1957.
Michel M. Turpeau, Cincinnati, Ohio, for appellant.
Marvin D. Jones, Asst. U. S. Atty., Lexington, Ky., Henry J. Cook, John M. Kelly, Lexington, Ky., on brief, for appellee.
Before ALLEN, MARTIN and MILLER, Circuit Judges.
SHACKELFORD MILLER, Jr., Circuit Judge.
Appellant, represented by his attorney, who was not court appointed, entered a plea of guilty to one count of a two count indictment returned on June 7, 1954, in the U. S. District Court for the District of Columbia charging appellant with the unlawful possession of marihuana, Section 2593(a), Internal Revenue Code, 1939. Following the filing of an Information setting out that appellant was the same person who had entered a plea of guilty on April 21, 1950, to charges of violating Sections 2591(a) and 2593(a), Internal Revenue Code, 1939, 26 U.S.C. §§ 2591(a), 2593(a), and had received by reason thereof a sentence of four and one-half years, which allegations were admitted by counsel for appellant in the presence of and without objection by appellant, appellant was sentenced on July 30, 1954, to imprisonment for a period of from two to seven years and a fine of $50.00. The Court recommended commitment to the U. S. Public Health Service Hospital, Lexington, Kentucky, for treatment for narcotic addiction,
Appellant's application for vacation of sentence under Section 2255, Title 28 U.S.Code, was denied by the District Court for the District of Columbia. Appellant then filed this habeas corpus proceeding in the District Court for the Eastern District of Kentucky, where he was in custody.
Since appellant entered a plea of guilty, there is no merit in his contention that evidence against him was illegally obtained. United States v. Gallagher, 3 Cir., 183 F.2d 342, 344, certiorari denied 340 U.S. 913, 71 S.Ct. 283, 95 L.Ed. 659.
The record contains nothing to support his general allegation that he was deprived of his constitutional rights through the acts of his attorney in advising him to enter a plea of guilty or in admitting to the Court in appellant's presence the prior convictions of appellant as charged in the Information. Fiedler v. Shuttleworth, 6 Cir., 153 F.2d 999; Diggs v. Welch, 80 U.S.App.D.C. 5, 148 F.2d 667, certiorari denied 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002;...
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