Weed v. United States
Decision Date | 08 March 1965 |
Docket Number | No. 21763.,21763. |
Citation | 342 F.2d 971 |
Parties | Jack Aaron WEED, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Jack Aaron Weed, for appellant.
Harry Lee Hudspeth, Asst. U. S. Atty., and Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee.
Before WHITAKER,* Senior Judge, and RIVES and JONES, Circuit Judges.
The appellant waived venue and pleaded guilty to two counts of an indictment charging mail theft in violation of 18 U.S.C.A. § 1708. On the same day, he waived indictment, waived venue, and pleaded guilty to one count of an information charging a forgery of the endorsement of a check of the United States in violation of 18 U.S.C.A. § 495. The court sentenced the defendant to serve five years imprisonment on each count of the indictment to run concurrently and to serve ten years on the information to run concurrently with the other sentences. At his arraignment and sentencing the defendant was represented by court-appointed counsel, and so far as possible the court complied fully with Rule 11, Fed.R.Crim.P., and determined that the pleas of guilty were made voluntarily with understanding of the nature of the charges. In the month following his conviction and sentence, the court appointed other counsel for the defendant, who filed on his behalf a motion for reduction of sentence which the court denied. Several months later, the defendant pro se filed a motion to vacate his sentence under 28 U.S.C.A. § 2255 on some seven stated grounds, only the second of which appears to be substantial, namely, "the petitioner's plea of guilty was entered involuntarily under duress and coercion for reasons which have no bearing whatever as to his guilty (sic) or innocence." In other parts of the motion the movant alleged:
The Government's answer to the motion set out the detailed questions propounded to the defendant and his answers at the time the court accepted the pleas of guilty, and demonstrated that the court had fully complied with Rule 11, Fed.R.Crim.P., by first determining that the pleas of guilty were made voluntarily with understanding of the nature of the charges.
The court denied the motion without a hearing for the following reasons:
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Williams v. United States
...and an evaluation of these allegations therefore must follow a plenary hearing on these matters in the district court. Weed v. United States, 5 Cir. 1965, 342 F. 2d 971; Kennedy v. United States, supra. Reversed and remanded. 1 Brooks v. State of Texas, 5 Cir. 1967, 381 F.2d 619; Roberts v.......
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...only if the petition, the files and records of the case conclusively show that the prisoner is entitled to no relief. Weed v. United States, 342 F.2d 971 (5th Cir. 1965); Howell v. United States, 355 F.2d 173 (10th Cir. Even utilizing this test, this Court finds that Petitioner's contention......
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Ross v. Wainwright, 71-1937 Summary Calendar.
...willing to risk the remainder of a seventeen-year-old's life on the supposition that they cannot be established. See Weed v. United States, 342 F.2d 971 (5th Cir. 1965). We again advert to language used by the Supreme Court in Machibroda,3 supra: "the specific and detailed factual assertion......
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Weed v. United States
...from State and Federal authorities. The district court denied Weed's motion without a hearing and this Court reversed. Weed v. United States, 5 Cir. 1965, 342 F.2d 971. This Court noted that although "the movant is entitled to a hearing * * * the district court in its discretion may find th......