Dale J. Arnold v. United States

Third Circuit

Dale J. Arnold v. United States

359 F.2d 425, 1966 U.S. App. LEXIS 6298

CourtCourt of Appeals for the Third Circuit

DecidedMay 3, 1966

Docket15703

StatusPublished

Cited by3 cases

This text of 359 F.2d 425 (Dale J. Arnold v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dale J. Arnold v. United States, 359 F.2d 425, 1966 U.S. App. LEXIS 6298 (3d Cir. 1966).

Pincite

Opinion

PER CURIAM:

This is an appeal from an Order entered October 14, 1965 in the District Court for. the Eastern District of Pennsylvania denying petitioner’s petition to vacate and set aside its judgment of conviction under the provisions of Title 28, U.S.C.A., Sec. 2255. Petitioner had pleaded guilty to a one-count indictment charging him with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. Section 2312. He sought to have the conviction set aside on the ground that the plea of guilty had been induced by a promise of leniency on the part of a federal agent. The District Court held a full hearing on this point at which petitioner was represented by able counsel. The District Court chose to believe the testimony of the federal agent and to reject as incredible the petitioner’s testimony after careful and painstaking review of the proceedings at the arraignment and sentencing. We cannot say that the District Court erred in resolving the issue of credibility, and in its fact-finding that the petitioner “freely, voluntarily and intelligently entered a plea of guilty, and that he did so without threats or promises of any kind.”

The Order of the District Court will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This is an appeal from an Order entered October 14, 1965 in the District Court for. the Eastern District of Pennsylvania denying petitioner’s petition to vacate and set aside its judgment of conviction under the provisions of Title 28, U.S.C.A., Sec. 2255. Petitioner had pleaded guilty to a one-count indictment charging him with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. Section 2312. He sought to have the conviction set aside on the ground that the plea of guilty had been induced by a promise of leniency on the part of a federal agent. The District Court held a full hearing on this point at which petitioner was represented by able counsel. The District Court chose to believe the testimony of the federal agent and to reject as incredible the petitioner’s testimony after careful and painstaking review of the proceedings at the arraignment and sentencing. We cannot say that the District Court erred in resolving the issue of credibility, and in its fact-finding that the petitioner “freely, voluntarily and intelligently entered a plea of guilty, and that he did so without threats or promises of any kind.”

The Order of the District Court will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

359 F.2d 425, 1966 U.S. App. LEXIS 6298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dale-j-arnold-v-united-states-ca3-1966.

Opinion

Related

Cite This Page — Counsel Stack