C. W. Henderson v. United States

Fifth Circuit

C. W. Henderson v. United States

395 F.2d 209, 1968 U.S. App. LEXIS 6891

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 17, 1968

Docket24593

StatusPublished

Cited by21 cases

This text of 395 F.2d 209 (C. W. Henderson v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C. W. Henderson v. United States, 395 F.2d 209, 1968 U.S. App. LEXIS 6891 (5th Cir. 1968).

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Opinion

PER CURIAM:

This is an appeal from the denial of a motion to vacate sentence under 28 U.S.C. § 2255.

Appellant was convicted for a violation of 18 U.S.C. § 659 after entry of a plea of guilty on the advice of appointed counsel.

The sole contention on appeal is that Appellant was arrested, held, and interrogated without counsel for one week before being taken before a United States Commissioner. In its order, the district court indicated that prior to accepting the guilty plea it determined that the plea was freely, knowingly, and voluntarily given. This finding has not been attacked in this appeal. It is well settled that a plea of guilty entered voluntarily and with the consent of counsel constitutes a waiver as to all non-jurisdictional defects in the prior proceedings. Busby v. Holman, 356 F.2d 75 (5th Cir. 1966); Cooper v. Holman, 356 F.2d 82 (5th Cir. 1966); Phillips v. United States, 318 F.2d 17 (5th Cir. 1963).

The judgment of the district court is

Affirmed.

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PER CURIAM:

This is an appeal from the denial of a motion to vacate sentence under 28 U.S.C. § 2255.

Appellant was convicted for a violation of 18 U.S.C. § 659 after entry of a plea of guilty on the advice of appointed counsel.

The sole contention on appeal is that Appellant was arrested, held, and interrogated without counsel for one week before being taken before a United States Commissioner. In its order, the district court indicated that prior to accepting the guilty plea it determined that the plea was freely, knowingly, and voluntarily given. This finding has not been attacked in this appeal. It is well settled that a plea of guilty entered voluntarily and with the consent of counsel constitutes a waiver as to all non-jurisdictional defects in the prior proceedings. Busby v. Holman, 356 F.2d 75 (5th Cir. 1966); Cooper v. Holman, 356 F.2d 82 (5th Cir. 1966); Phillips v. United States, 318 F.2d 17 (5th Cir. 1963).

The judgment of the district court is

Affirmed.

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Bluebook (online)

395 F.2d 209, 1968 U.S. App. LEXIS 6891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-w-henderson-v-united-states-ca5-1968.

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