Clarence Melvin Minor v. United States

Eighth Circuit

Clarence Melvin Minor v. United States

445 F.2d 637, 1971 U.S. App. LEXIS 10501

Court of Appeals for the Eighth Circuit·Decided April 28, 1971·No. 71-1038·Published·Cited by 3 cases

Opinion

PER CURIAM.

The judgment is affirmed on the opinion of the District Court. The sentence having been imposed prior to McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), it was not per se invalid for failure of compliance with Fed.R.Crim.P. 11. Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969). The court’s finding of voluntariness was clearly warranted. The court’s failure to inform the defendant of a possible death penalty, where it was not imposed, supports the finding of voluntariness rather than conflicts with it.

Judgment affirmed.

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PER CURIAM.

The judgment is affirmed on the opinion of the District Court. The sentence having been imposed prior to McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), it was not per se invalid for failure of compliance with Fed.R.Crim.P. 11. Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969). The court’s finding of voluntariness was clearly warranted. The court’s failure to inform the defendant of a possible death penalty, where it was not imposed, supports the finding of voluntariness rather than conflicts with it.

Judgment affirmed.

Clarence Melvin Minor v. United States, 445 F.2d 637, 1971 U.S. App. LEXIS 10501 (8th Cir. 1971).

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Opinion

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