Luther Davis v. United States

Fifth Circuit

Luther Davis v. United States

386 F.2d 837

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 15, 1967

Docket24922_1

StatusPublished

Cited by2 cases

This text of 386 F.2d 837 (Luther Davis 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.

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Luther Davis v. United States, 386 F.2d 837 (5th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from the denial of a motion 1 to vacate a federal criminal conviction and judgment for breaking and entering a post office with intent to commit larceny therein in violation of 18 U.S.C.A. § 2115.

Of appellant’s several contentions, only one need be considered, viz: that his plea of guilty was coerced by threats and beatings by a named state officer. The district court heard appellant’s testimony and that of the officer in question, and found specifically that appellant’s version of the facts was not worthy of belief. From a review of the record including the transcript of that hearing we conclude that the district court was not in error in finding that appellant’s plea of guilty was understandingly and voluntarily made and was not the product of threats, beatings, or other coercive acts. We need not consider appellant’s remaining allegations. United States v. Doyle, 2 Cir. 1965, 348 F.2d 715, certiorari denied 382 U.S. 843, 86 S.Ct. 89, 15 L.Ed.2d 84; Snipe v. United States, 9 Cir. 1965, 343 F.2d 25, cer-tiorari denied, 382 U.S. 960, 86 S.Ct. 440, 15 L.Ed.2d 363; Benton v. United States, 9 Cir. 1965, 352 F.2d 59. The judgment of the district court is affirmed.

1

. 26 U.S.C. § 2255.

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PER CURIAM:

This is an appeal from the denial of a motion 1 to vacate a federal criminal conviction and judgment for breaking and entering a post office with intent to commit larceny therein in violation of 18 U.S.C.A. § 2115.

Of appellant’s several contentions, only one need be considered, viz: that his plea of guilty was coerced by threats and beatings by a named state officer. The district court heard appellant’s testimony and that of the officer in question, and found specifically that appellant’s version of the facts was not worthy of belief. From a review of the record including the transcript of that hearing we conclude that the district court was not in error in finding that appellant’s plea of guilty was understandingly and voluntarily made and was not the product of threats, beatings, or other coercive acts. We need not consider appellant’s remaining allegations. United States v. Doyle, 2 Cir. 1965, 348 F.2d 715, certiorari denied 382 U.S. 843, 86 S.Ct. 89, 15 L.Ed.2d 84; Snipe v. United States, 9 Cir. 1965, 343 F.2d 25, cer-tiorari denied, 382 U.S. 960, 86 S.Ct. 440, 15 L.Ed.2d 363; Benton v. United States, 9 Cir. 1965, 352 F.2d 59. The judgment of the district court is affirmed.

1

. 26 U.S.C. § 2255.

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386 F.2d 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luther-davis-v-united-states-ca5-1967.

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