Angel Avila-Diaz v. United States

453 F.2d 1364, 1971 U.S. App. LEXIS 6433

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 27, 1971
• Docket: 71-2262
• Status: Published

Opinion

PER CURIAM:

Affirmed. 1 See Local Rule 21. 2

1 . In his motion to vacate judgment and sentence filed in the District Court the appellant challenges the validity of his guilty plea on grounds that: (1) he did not understand the proceedings against him because he was unable to speak or comprehend the English language; (2) his plea of guilty was not freely or voluntarily entered, but was entered on counsel’s promise that he would receive only a two-year sentence; and (3) counsel rendered ineffective service by assuring him of false consequences of the plea.

2 . See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.