Scott v. United States, 14976.

Decision Date10 March 1965
Docket NumberNo. 14976.,14976.
CitationScott v. United States, 342 F.2d 813 (3rd Cir. 1965)
PartiesJohn SCOTT, Jr., Appellant, v. UNITED STATES of America.
CourtU.S. Court of Appeals — Third Circuit

John Scott, Jr., pro se.

Donald Horowitz, Asst. U. S. Atty., David M. Satz, Jr., U. S. Atty., Newark, N. J., for appellee.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.

PER CURIAM.

The first count of the indictment before us charges a specific sale of heroin on a day certain at a particular place. It states the amount of heroin appellant allegedly sold. There were four additional counts to the indictment each of which charged successive separate offenses. Appellant was admittedly a convicted second offender under the federal narcotics law, 26 U.S.C. § 7237(e) (2). He was represented by counsel and his plea of guilty to the first count was accepted by the court. Three and one half years after that he made this 2255 motion to set aside his conviction and sentence because the name of the person who purchased the first count heroin from him was not mentioned in the count. Chief Judge Madden in the district court in an exhaustive opinion, held that the case records "conclusively show that the prisoner is entitled to no relief under his present petition." We agree with that ruling. We mention in passing that if the...

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6 cases
  • United States v. Wolfson
    • United States
    • U.S. District Court — District of Delaware
    • 15 Noviembre 1968
    ...it could not have been more artfully and precisely drawn, Scott v. United States, 231 F.Supp. 360, 363 (D.C. N.J., 1964), aff'd 342 F.2d 813 (C.A. 3, 1965), but rather its adequacy is measured by whether it contains the elements of the offense intended to be charged, whether it sufficiently......
  • State v. M.L.
    • United States
    • New Jersey Superior Court — Appellate Division
    • 16 Octubre 1991
    ...reasonable notice of the act or acts he is called upon to defend. Scott v. United States, 231 F.Supp. 360 (D.C.N.J.1964), aff'd, 342 F.2d 813 (3d Cir.1965); State v. Torrance, 41 N.J.Super. 445, 125 A.2d 403 (App.Div.1956); see State v. Bonaccurso, 227 N.J.Super. 159, 545 A.2d 853 (Law That......
  • People v. Adams
    • United States
    • Illinois Supreme Court
    • 29 Septiembre 1970
    ...charge against him or better to prepare his defense.' People v. Patrick, 38 Ill.2d 255, 260, 230 N.E.2d 843, 846; see, Scott v. United States (3rd cir. 1965), 342 F.2d 813. Next the defendant argues that he was erroneously denied his constitutional right to have counsel appointed for him at......
  • Petition of Barry
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 18 Enero 1968
    ...District Court, in its Opinion, cited in support of its holding Scott v. United States, 231 F.Supp. 360, 362 (D.N.J. 1964), aff'd 342 F.2d 813 (3 Cir. 1965) where it was held that where one has "voluntarily and understandingly" entered a plea of guilty to an indictment "the plea of guilty n......
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