Powell v. United States

Fifth Circuit

Powell v. United States

174 F.2d 470, 1949 U.S. App. LEXIS 2222

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 13, 1949

DocketNo. 12539

StatusPublished

Cited by2 cases

This text of 174 F.2d 470 (Powell 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

Powell v. United States, 174 F.2d 470, 1949 U.S. App. LEXIS 2222 (5th Cir. 1949).

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Opinion

PER CURIAM.

Applying to the court, which had sentenced him on January 21, 1947, upon his-[471]*471plea of guilty, to serve three years in the federal penitentiary, petitioner sought a vacation of the judgment.

Claiming that he was denied assistance of counsel and that the record spoke falsely in stating that the defendant had pleaded guilty, petitioner insists that he was denied due process.

The record shows affirmatively that petitioner, advised of his right to counsel and asked whether he desired to have one appointed, waived the assistance of counsel and entered his plea of guilty. The petition was based upon nothing but appellant’s unsupported statement to the contrary.

The district judge was right in denying the petition.¹ The judgment is

Affirmed.

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PER CURIAM.

Applying to the court, which had sentenced him on January 21, 1947, upon his-[471]*471plea of guilty, to serve three years in the federal penitentiary, petitioner sought a vacation of the judgment.

Claiming that he was denied assistance of counsel and that the record spoke falsely in stating that the defendant had pleaded guilty, petitioner insists that he was denied due process.

The record shows affirmatively that petitioner, advised of his right to counsel and asked whether he desired to have one appointed, waived the assistance of counsel and entered his plea of guilty. The petition was based upon nothing but appellant’s unsupported statement to the contrary.

The district judge was right in denying the petition.¹ The judgment is

Affirmed.

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174 F.2d 470, 1949 U.S. App. LEXIS 2222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-united-states-ca5-1949.

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