Ralph P. Rosa v. United States

Fifth Circuit

Ralph P. Rosa v. United States

301 F.2d 630, 1962 U.S. App. LEXIS 5423

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 10, 1962

Docket19329

StatusPublished

Cited by1 cases

This text of 301 F.2d 630 (Ralph P. Rosa 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

Ralph P. Rosa v. United States, 301 F.2d 630, 1962 U.S. App. LEXIS 5423 (5th Cir. 1962).

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Opinion

PER CURIAM.

Appellant, having received the mandatory minimum sentence for violating the federal narcotics laws, 26 U.S.C.A. §§ 4704(a) and 4705(a), seeks relief collaterally on the ground that he was not explicitly afforded the opportunity under Rule 32(a), Fed.R.Crim.P., 18 U.S.C.A., of making a statement in his own behalf before sentence was imposed. This is “not of itself an error that can be raised by collateral attack, * * *.” Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417; Machibroda v. *631 United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473. Nor is there any merit in the additional claim to relief based on the alleged shortcomings of appellant’s personally selected and employed trial counsel. Kennedy v. United States, 5 Cir., 1958, 259 F.2d 883.

Affirmed.

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PER CURIAM.

Appellant, having received the mandatory minimum sentence for violating the federal narcotics laws, 26 U.S.C.A. §§ 4704(a) and 4705(a), seeks relief collaterally on the ground that he was not explicitly afforded the opportunity under Rule 32(a), Fed.R.Crim.P., 18 U.S.C.A., of making a statement in his own behalf before sentence was imposed. This is “not of itself an error that can be raised by collateral attack, * * *.” Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417; Machibroda v. *631 United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473. Nor is there any merit in the additional claim to relief based on the alleged shortcomings of appellant’s personally selected and employed trial counsel. Kennedy v. United States, 5 Cir., 1958, 259 F.2d 883.

Affirmed.

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Bluebook (online)

301 F.2d 630, 1962 U.S. App. LEXIS 5423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralph-p-rosa-v-united-states-ca5-1962.

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