James Richard McCammon Jr. v. United States

390 F.2d 870, 1968 U.S. App. LEXIS 7874

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 4, 1968
• Docket: 24992
• Status: Published

Opinion

PER CURIAM:

Appellant attacks his Dyer Act convictions obtained on June 29, 1964, on the ground that the pleas of guilty entered therein were not free and voluntary. Title 18, Rule 11, Federal Rules of Criminal Procedure.

This contention is refuted by appellant’s own testimony as well as the testimony of others and by the files and records of the case.

The district court’s findings made after an evidentiary hearing, held out of an abundance of caution, were clearly correct. Davis v. United States, 5 Cir., 1967, 386 F.2d 837 [1967]; Helpman v. United States, 5 Cir., 1967, 373 F.2d 401; Barrett v. United States, 5 Cir., 1961, 302 F.2d 151; Snipe v. United States, 9 Cir., 1965, 343 F.2d 25, cer-tiorari denied 86 S.Ct. 440, 382 U.S. 960, 15 L.Ed.2d 363.

The judgment is affirmed.