Ragavage v. United States
| Decision Date | 22 January 1960 |
| Docket Number | No. 17806.,17806. |
| Citation | 272 F.2d 196 |
| Parties | Archie Frank RAGAVAGE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Howard R. Pigford, Meridian, Miss., Paul James Maxwell, Atlanta, Ga., Natie P. Caraway, Meridian, Miss., for appellant.
Robert E. Hauberg, U. S. Atty., Jack McDill, Asst. U. S. Atty., Jackson, Miss., for appellee.
Before RIVES, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.
This is an appeal from a denial after a hearing of a motion to vacate, 28 U.S.C.A. § 2255, a conviction for kidnapping, 18 U.S.C.A. § 1201, in which a plea of guilty was entered. In connection with the claim that the circumstances of his detention violated the McNabb principle (McNabb v. United States, 1943, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819), we think there is adequate support for the District Court's finding implicit in the denial of the Section 2255 motion that the detention was state and not federal detention. See Papworth v. United States, 5 Cir., 1958, 256 F.2d 125; Brown v. United States, 5 Cir., 1955, 228 F.2d 286, 289. Further, the circumstances of his removal from Alabama to Mississippi, whether forcible as contended by him or the result of waiver of extradition as found by the District Court, are of no avail to petitioner. Frisbie v. Collins, 1952, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541. Finally, the record shows the most extreme patience of the District Judge in carefully explaining to the accused his right to counsel and an intelligent waiver of the right by the accused. See Adams v. United States, 1942, 317 U.S. 269, 275, 63 S.Ct. 236, 87 L.Ed. 268, 272-273.
Affirmed.
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Matysek v. United States
...this case. Cf.: Young v. United States, 337 F.2d 753 (5th Cir., decided October 5, 1964); Igo v. United States, supra; Ragavage v. United States, 272 F.2d 196 (5th Cir.), cert. denied 363 U.S. 806, 80 S.Ct. 1241, 4 L.Ed.2d 1149 (1960). The court below assumed jurisdiction, granted a hearing......
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Houser v. U.S.
...352 U.S. 897, 77 S.Ct. 136, 1 L.Ed.2d 89 (1956).9 Runge v. United States, 427 F.2d 122 (10th Cir. 1970); see Ragavage v. United States, 272 F.2d 196, 197 (5th Cir. 1959), cert. denied, 363 U.S. 806, 80 S.Ct. 1241, 4 L.Ed.2d 1149 (1960).10 Adkins v. United States, 298 F.2d 842, 843 (8th Cir.......
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Young v. United States
...compels the treatment of the Section 2255 motion as an application for a writ of coram nobis. This case is not unlike Ragavage v. United States, 5th Cir. 1959, 272 F.2d 196, cert. den. 363 U.S. 806, 80 S.Ct. 1241, 4 L.Ed.2d 1149. Ragavage was convicted of kidnapping on his plea of guilty. H......
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Tremarco v. United States, Civ. No. 76-422.
...is validly in custody under at least one count of the indictment, Section 2255 relief is not yet available to him." In Ragavage v. U. S., 272 F.2d 196, at 197 (CA-5, 1959), the court found adequate support for denial of Section 2255 relief because "the detention was state and not federal In......