United States v. Offen, 30482 Summary Calendar.
Decision Date | 05 March 1971 |
Docket Number | No. 30482 Summary Calendar.,30482 Summary Calendar. |
Citation | 439 F.2d 1079 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Murray OFFEN, Defendant-Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
J. Donald Reynolds, Wright, Long & Reynolds, Montgomery, Ala., for defendant-appellant.
Ira deMent, U. S. Atty., W. H. Thomas, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Murray Offen brings this appeal from the district court's refusal to set aside, on petition for a writ in the nature of a writ of error coram nobis, a 1942 conviction upon a plea of guilty to an indictment for causing tablets of a derivative of opium to be delivered by mail. Appellant contends that he is entitled to relief on two gounds: that he was not properly informed of the consequences of his guilty plea; and that his waiver of counsel was not competently, properly, and voluntarily made. Because he is not now, and has never been incarcerated, he seeks only restoration of the rights lost as a result of his felony conviction. Finding his contentions on appeal to be without merit and not timely raised in the proper forum, we affirm the district court's decision not to grant relief.
Appellant's testimony is that he was arrested because he mailed a package containing a drugstore prescription to a sick friend, unaware that the package contained opium tablets. After discussion with his father, a cousin who had studied law, a United States Attorney and United States District Judge Charles B. Kennamer, he entered a plea of guilty. On April 9, 1942 he was fined $250.00 and sentenced to five years' probation. No transcript was taken of the arraignment or sentencing, but a docket notation in the record reflects that he waived his right to counsel: "4/6/52 Attorney waived — Plea of guilty and continued." After hearing all of appellant's evidence, Judge Frank M. Johnson, Jr. denied relief with the following statement:
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