United States v. Minor, 30544 Summary Calendar.
| Decision Date | 23 June 1971 |
| Docket Number | No. 30544 Summary Calendar.,30544 Summary Calendar. |
| Citation | 444 F.2d 521 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Charles Edward MINOR, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
David H. Rosenberg, Dallas, Tex., Court-appointed, for defendant-appellant; Charles E. Minor.
Eldon B. Mahon, U. S. Atty., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
On July 1, 1970, Charles Edward Minor appeared before the district court with his court-appointed attorney and entered a plea of guilty to a charge of interstate transportation of a stolen motor vehicle, a violation of 18 U.S.C. § 2312. Before the court accepted his plea, Minor stated that he understood the nature of the charge against him, as well as the maximum imposable penalty both under the Dyer Act and under the Youth Corrections Act;1 that he had had an opportunity to discuss the case with his attorney, and that his guilty plea was entered freely and voluntarily, solely because he was in fact guilty of the offense. The court sentenced him to serve an indeterminate sentence under the Youth Corrections Act on August 20, 1970; and within ten days of his sentencing Minor sent a letter to the district court stating his desire to "appeal his sentence." That court filed the letter as a notice of appeal pursuant to Rule 4(a), F.R.A.P., and granted him leave to appeal in forma pauperis.
Three days after the appeal was docketed in this Court, the appellant's court-appointed trial counsel filed a motion for leave to withdraw from his appointment on the ground that the appeal was frivolous because the appellant had entered a voluntary plea of guilty. In his brief in support of his motion, counsel stated that he had conscientiously examined the record, and knew of no arguable issues which could be presented on appeal. He argued that if required to pursue the appeal the result would be "a form of intellectual dishonesty and gymnastics". This Court granted counsel's motion, and appointed another attorney to represent the appellant, who also seeks leave to withdraw on the same grounds.
The Court advised the appellant of his right under Anders v. California, 1967, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, to answer counsel's motion and supporting brief by filing a response setting forth any points he claims are appealable. The appellant has failed to submit any such brief or reply.
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Hawkins v. State
...from his conviction in the United States District Court, the United States Court of Appeals for the Fifth Circuit in United States v. Minor, 444 F.2d 521, at 522, 'Three days after the appeal was docketed in this Court, the appellant's court-appointed trial counsel filed a motion for leave ......
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Monsour v. Cady, Civ. A. No. 70-C-190.
...claims in good conscience. His actions were consistent with the actions of other post-conviction counsel in United States v. Minor, 444 F.2d 521 (5th Cir. 1971); United States v. Fisher, 442 F.2d 1018 (2d Cir. 1971); Rawlins v. Craven, 329 F.Supp. 40 (C.D.Cal.1971); and Brandl v. Cady, 322 ......
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People v. Wende
...v. Woodard (1973) 33 Cal.App.3d 930, 109 Cal.Rptr. 495; People v. Sumner (1968) 262 Cal.App.2d 409, 69 Cal.Rptr. 15; U. S. v. Minor (5th Cir. 1971) 444 F.2d 521; U. S. v. Reyna (5th Cir. 1977) 548 F.2d 1154; People v. Stasin (1969) 113 Ill.App.2d 466, 251 N.E.2d 307; State v. Pascucci (1971......
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U.S. v. Andrade
...withdraw as court-appointed counsel for appellant is GRANTED, and the appeal is DISMISSED. See Local Rule 20. See also United States v. Minor, 5 Cir. 1971, 444 F.2d 521 and United States v. Crawford, 5 Cir. 1971, 446 F.2d * Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty ......