Miguel Rios-Talamantes v. United States

Fifth Circuit

Miguel Rios-Talamantes v. United States

538 F.2d 94, 1976 U.S. App. LEXIS 7245

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 3, 1976

Docket76-1821

StatusPublished

This text of 538 F.2d 94 (Miguel Rios-Talamantes 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

Miguel Rios-Talamantes v. United States, 538 F.2d 94, 1976 U.S. App. LEXIS 7245 (5th Cir. 1976).

Pincite

Opinion

PER CURIAM:

Appellant, Miguel Rios-Talamantes, was indicted on January 18, 1973, for distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Rios-Talamantes was convicted on a guilty plea.

Rios-Talamantes subsequently petitioned for relief from his sentence in the district court under 28 U.S.C. § 2255. He alleged that his indictment was invalid because it was signed by a “Special Attorney” rather than by the permanent United States Attorney or his assistant. He further alleged that the trial judge failed to address him personally prior to accepting his guilty plea. The district court found both contentions to be meritless and accordingly denied relief.

*95 We have carefully reviewed the briefs and record in this case and find the decision of the district court to be free of error. The denial of relief is

AFFIRMED.

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