Donald B. Chandler v. United States

Fifth Circuit

Donald B. Chandler v. United States

413 F.2d 1018, 1969 U.S. App. LEXIS 11953

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 13, 1969

Docket27201_1

StatusPublished

Cited by9 cases

This text of 413 F.2d 1018 (Donald B. Chandler 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

Donald B. Chandler v. United States, 413 F.2d 1018, 1969 U.S. App. LEXIS 11953 (5th Cir. 1969).

Pincite

Opinion

PER CURIAM:

This is an appeal from the denial without hearing of a motion to withdraw guilty plea, Rule 32(d), F.R.Crim. P., and to vacate judgment and sentence, 28 U.S.C. § 2255. 1 Appellant, having waived the assistance of counsel and pled guilty, was convicted of a violation of the Dyer Act, 18 U.S.C. § 2312. Pursuant to his request, he signed a waiver of his right to take a direct appeal and was sentenced immediately.

He now alleges that he was arrested without probable cause and denied a preliminary hearing. The district court correctly held that the plea of guilty waived all non-jurisdictional defects, including these. Frye v. United States, 5th Cir.1969, 411 F.2d 562; Busby v. Holman, 5th Cir.1966, 356 F.2d 75.

The court also held appellant’s contention that his plea was accepted without inquiry into its voluntariness to be refuted by the transcript of the proceedings. We agree.

Finally, appellant contends he is innocent of the crime because he did not steal the automobile but merely rented it. The testimony of the F.B.I. special agent at the arraignment proceedings amply demonstrates that Chandler had converted the vehicle to his own use. See United States v. Turley, 1957, 352 U.S. 407, 77 S.Ct. 397, 1 L.Ed.2d 430; United States v. Meek, 7th Cir.1968, 388 F.2d 936. Moreover, the defense of innocence cannot be raised by one who has entered a valid plea of guilty. Frye v. United States, supra.

Since appellant’s contentions were refuted by the files and records of the case, a § 2255 evidentiary hearing was not required. See Hunter v. United States, 5th Cir.1969, 409 F.2d 1203; Streator v. United States, 5th Cir.1968, 395 F.2d 661.

Affirmed.

1

. It is appropriate to dispose of this pro se ease summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief -within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

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

PER CURIAM:

This is an appeal from the denial without hearing of a motion to withdraw guilty plea, Rule 32(d), F.R.Crim. P., and to vacate judgment and sentence, 28 U.S.C. § 2255. 1 Appellant, having waived the assistance of counsel and pled guilty, was convicted of a violation of the Dyer Act, 18 U.S.C. § 2312. Pursuant to his request, he signed a waiver of his right to take a direct appeal and was sentenced immediately.

He now alleges that he was arrested without probable cause and denied a preliminary hearing. The district court correctly held that the plea of guilty waived all non-jurisdictional defects, including these. Frye v. United States, 5th Cir.1969, 411 F.2d 562; Busby v. Holman, 5th Cir.1966, 356 F.2d 75.

The court also held appellant’s contention that his plea was accepted without inquiry into its voluntariness to be refuted by the transcript of the proceedings. We agree.

Finally, appellant contends he is innocent of the crime because he did not steal the automobile but merely rented it. The testimony of the F.B.I. special agent at the arraignment proceedings amply demonstrates that Chandler had converted the vehicle to his own use. See United States v. Turley, 1957, 352 U.S. 407, 77 S.Ct. 397, 1 L.Ed.2d 430; United States v. Meek, 7th Cir.1968, 388 F.2d 936. Moreover, the defense of innocence cannot be raised by one who has entered a valid plea of guilty. Frye v. United States, supra.

Since appellant’s contentions were refuted by the files and records of the case, a § 2255 evidentiary hearing was not required. See Hunter v. United States, 5th Cir.1969, 409 F.2d 1203; Streator v. United States, 5th Cir.1968, 395 F.2d 661.

Affirmed.

1

. It is appropriate to dispose of this pro se ease summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief -within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

Cite This Page — Counsel Stack

Bluebook (online)

413 F.2d 1018, 1969 U.S. App. LEXIS 11953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-b-chandler-v-united-states-ca5-1969.

Opinion

Related

Cite This Page — Counsel Stack