Winston v. United States, 323

Decision Date30 June 1955
Docket NumberDocket 23075.,No. 323,323
Citation224 F.2d 337
PartiesSylvester R. WINSTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
CourtU.S. Court of Appeals — Second Circuit

Submitted on brief by petitioner-appellant.

Robert P. Freedman, Asst. U. S. Atty. for the Western Dist. of N. Y., Buffalo, N. Y. (John O. Henderson, U. S. Atty., on the brief), for respondent-appellee.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.

PER CURIAM.

The record adequately supports Judge Knight's conclusion that petitioner at all relevant times during the course of his trial was advised by counsel of his own choice, and that his plea of guilty was made when so advised. His present ambiguous objections to his arrest and the nature of the evidence obtained by and available to the prosecution do not survive this plea.

Affirmed.

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  • United States v. Warden of Attica State Prison
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 15, 1967
    ...is deemed to have waived his right to present these claims in an application pursuant to 28 U.S.C. § 2255. See, e. g., Winston v. United States, 224 F.2d 337 (2d Cir.), cert. denied, 350 U.S. 916, 76 S.Ct. 201, 100 L.Ed. 803 (1955); Hoffman v. United States, 327 F.2d 489 (9th Cir. 6 Section......
  • Collazo v. Heath, 10-CV-0406(JS)
    • United States
    • U.S. District Court — Eastern District of New York
    • March 3, 2014
    ...341 F.2d 977, 980-91 (2d Cir. 1965); United States v. Salzano, 241 F.2d 849 (2d Cir. 1957) (per curiam); Winston v. United States, 224 F.2d 337 (2d Cir. 1955)(per curiam); United States v. State of Louisiana ex rel.Miles v. Walker, 222 F. Supp. 975 (E.D. La. 1963)). B. Analysis Petitioner p......
  • State of Louisiana v. Walker, 669.
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • October 31, 1963
    ...States v. Zavada, (6 Cir.) 291 F.2d 189; United States v. Salzano, D.C., 138 F.Supp. 72, affirmed (2 Cir.) 241 F.2d 849; Winston v. United States, (2 Cir.) 224 F.2d 337; United States v. Williams, (7 Cir.) 212 F.2d 786; Blood v. Hunter, (10 Cir.) 150 F.2d 640; Way v. United States, D.C., 20......
  • United States v. Warden of Green Haven Prison, 65 Civ. 3266.
    • United States
    • U.S. District Court — Southern District of New York
    • June 10, 1966
    ...the sense that the denial of his suppress motion was "coercive".3 See United States v. Doyle, 348 F.2d 715, 2 Cir., 1965; Winston v. United States, 224 F.2d 337, 2 Cir., 1955; Alexander v. United States, 290 F.2d 252, 5 Cir., 1961. Thus, the traditionally proper way for a defendant to chall......
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