Winston v. United States, 323
Decision Date | 30 June 1955 |
Docket Number | Docket 23075.,No. 323,323 |
Citation | 224 F.2d 337 |
Parties | Sylvester R. WINSTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.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.
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.
To continue reading
Request your trial-
United States v. Warden of Attica State Prison
...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)
...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.
...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.
...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......