Pedro Anthony Perez, Jr. v. United States

Fifth Circuit

Pedro Anthony Perez, Jr. v. United States

303 F.2d 441, 1962 U.S. App. LEXIS 5076

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 17, 1962

Docket19452_1

StatusPublished

Cited by10 cases

This text of 303 F.2d 441 (Pedro Anthony Perez, Jr. 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

Pedro Anthony Perez, Jr. v. United States, 303 F.2d 441, 1962 U.S. App. LEXIS 5076 (5th Cir. 1962).

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Opinion

PER CURIAM.

The appellant, Pedro Anthony Perez, Jr., was convicted on the trial for one offense and entered a plea of guilty of another. He seeks, by a motion under 28 U.S.C.A. § 2255, to have the sentences imposed against him set aside on the ground that the grand jury which indicted him was composed only of persons who were registered voters on the rolls of the State. The district court denied the motion. The objection, if it be a valid one, can be availed of only before trial. It cannot be asserted in a proceeding under Section 2255. Rule 12 Fed.Rules of Crim.Proc. 18 U.S.C.A.; United States ex rel. Jackson v. Brady, 4th Cir. 1943, 133 F.2d 476, cert. den. 319 U.S. 746, 63 S.Ct. 1029, 87 L.Ed. 1702, reh. den. 319 U.S. 784, 63 S.Ct. 1315, 87 L.Ed. 1727. The order of the district court is

Affirmed.

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PER CURIAM.

The appellant, Pedro Anthony Perez, Jr., was convicted on the trial for one offense and entered a plea of guilty of another. He seeks, by a motion under 28 U.S.C.A. § 2255, to have the sentences imposed against him set aside on the ground that the grand jury which indicted him was composed only of persons who were registered voters on the rolls of the State. The district court denied the motion. The objection, if it be a valid one, can be availed of only before trial. It cannot be asserted in a proceeding under Section 2255. Rule 12 Fed.Rules of Crim.Proc. 18 U.S.C.A.; United States ex rel. Jackson v. Brady, 4th Cir. 1943, 133 F.2d 476, cert. den. 319 U.S. 746, 63 S.Ct. 1029, 87 L.Ed. 1702, reh. den. 319 U.S. 784, 63 S.Ct. 1315, 87 L.Ed. 1727. The order of the district court is

Affirmed.

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Bluebook (online)

303 F.2d 441, 1962 U.S. App. LEXIS 5076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedro-anthony-perez-jr-v-united-states-ca5-1962.

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