Juelich v. United States, 13424.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Citation257 F.2d 424
Docket NumberNo. 13424.,13424.
PartiesHerbert Eugene JUELICH and Lewis Woodard Larson, Appellants, v. UNITED STATES of America, Appellee.
Decision Date13 October 1958

Robert D. Leggett, Cincinnati, Ohio, for appellants.

Andrew M. Gant, Jr., Nashville, Tenn., for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

Certiorari Denied October 13, 1958. See 79 S.Ct. 72.

PER CURIAM.

In 1953 the appellants were sentenced to five-year prison terms upon their pleas of guilty to an indictment charging them with interstate transportation of a stolen automobile. In 1956 they filed motions to vacate the sentences upon the ground that their pleas of guilt had been coerced. These appeals followed the district court's denial of the motions.

In denying the motions the district court correctly pointed out: "The transcript of the record demonstrates conclusively that the petitioners were carefully interrogated by the District Judge with respect to the offense; that a competent attorney was appointed to represent them; that they discussed their offense freely, openly and voluntarily; that they were fully aware of their rights; and that they freely admitted their guilt, in effect stating that they expected to receive a severe sentence. No intimation whatever was made by them to the effect that they had been coerced into pleading guilty or that the plea of guilty did not represent the exercise of their own free will and judgment."

There is another and even more cogent reason why the motions were properly denied. At the time of the district court's order the appellants had completed service of the sentences to which their motions were directed. "The right to relief under 28 U.S. C.A. Sec. 2255 is limited by the express terms of the statute to situations where the prisoner is attacking the judgment under which he is in custody and, if successful, would be entitled to be released." Duggins v. United States, 6 Cir., 1957, 240 F.2d 479, at page 484. "If a prisoner has already served the sentence which he is attacking by a proceeding under Sec. 2255, he is not in custody under that sentence and cannot maintain the proceeding." Id., at page 482.

The order of the district court is affirmed.

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  • Heflin v. United States
    • United States
    • United States Supreme Court
    • February 24, 1959
    ...3 Cir., 211 F.2d 69, 71; Fooshee v. United States, 5 Cir., 203 F.2d 247; Duggins v. United States, 6 Cir., 240 F.2d 479; Juelich v. United States, 6 Cir., 257 F.2d 424; Oughton v. United States, 9 Cir., 215 F.2d 578; Williams v. United States, 9 Cir., 236 F.2d 894; Hoffman v. United States,......
  • Johnson v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 22, 1964
    ...law. Heflin v. United States, 358 U.S. 415, 79 S.Ct. 451, 3 L.Ed.2d 407; Duggins v. United States, 240 F.2d 479 (CA 6); Juelich v. United States, 257 F.2d 424 (CA 6). Johnson is not in custody under the sentence imposed on Count 2. He is serving the bank robbery sentence of 20 years and the......
  • Bistram v. United States, Cr. No. 7885.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • February 8, 1960
    ...Kyle v. United States, 2 Cir., 1959, 266 F.2d 670, certiorari denied 361 U.S. 870, 80 S.Ct. 131, 4 L.Ed.2d 109; Juelich v. United States, 6 Cir., 1958, 257 F.2d 424, certiorari denied 358 U.S. 847, 79 S.Ct. 72, 3 L.Ed.2d 81; Donovan v. United States, 10 Cir., 1953, 205 F.2d 557; United Stat......
  • Cain v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • November 6, 1959
    ...their invalidity. Kyle v. United States, 2 Cir., 1959, 266 F.2d 670, certiorari denied October 19, 1959, 80 S.Ct. 131; Juelich v. United States, 6 Cir., 1958, 257 F.2d 424, certiorari denied 358 U.S. 847, 79 S.Ct. 72, 3 L.Ed.2d 81; Donovan v. United States, 10 Cir., 1953, 205 F.2d 557; Unit......
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