Ronald James Minshew v. United States

Fifth Circuit

Ronald James Minshew v. United States

410 F.2d 396, 1969 U.S. App. LEXIS 12724

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 21, 1969

Docket26563_1

StatusPublished

Cited by6 cases

This text of 410 F.2d 396 (Ronald James Minshew 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

Ronald James Minshew v. United States, 410 F.2d 396, 1969 U.S. App. LEXIS 12724 (5th Cir. 1969).

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Opinion

PER CURIAM:

Pursuant to new Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I.

The sole issue presented on this appeal is whether appellant should be re-sentenced as an ordinary criminal offender for his violation of 18 U.S.C. § 2312. He was sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010 (b), as requested by his court-appointed counsel.

The district court conducted an evidentiary hearing.on the merits of the petition for post-conviction relief and held that appellant had freely and voluntarily pled guilty, because he was guilty and not because of any promise, as he himself testified. Compare Marvel v. United States, 1965, 380 U.S. 262, 85 S.Ct. 953, 13 L.Ed.2d 960. Because it appeared that counsel might have advised appellant that the maximum sentence was five years, the court ordered that the maximum period for his imprisonment and supervision under the Act should not exceed five years. This order is not questioned.

Appellant has been conditionally released and is under supervision, as authorized by 18 U.S.C. §§ 5017, 5019. In the event that he is unconditionally discharged before expiration of his maximum sentence, the conviction will automatically be set aside. 18 U.S.C. § 5021. Because his conviction can be set aside under the Youth Corrections Act, it is obviously not in his best interests to be re-sentenced as an ordinary criminal offender.

We find no reversible error in the proceedings below. The judgment of the district court is

Affirmed.

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PER CURIAM:

Pursuant to new Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I.

The sole issue presented on this appeal is whether appellant should be re-sentenced as an ordinary criminal offender for his violation of 18 U.S.C. § 2312. He was sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010 (b), as requested by his court-appointed counsel.

The district court conducted an evidentiary hearing.on the merits of the petition for post-conviction relief and held that appellant had freely and voluntarily pled guilty, because he was guilty and not because of any promise, as he himself testified. Compare Marvel v. United States, 1965, 380 U.S. 262, 85 S.Ct. 953, 13 L.Ed.2d 960. Because it appeared that counsel might have advised appellant that the maximum sentence was five years, the court ordered that the maximum period for his imprisonment and supervision under the Act should not exceed five years. This order is not questioned.

Appellant has been conditionally released and is under supervision, as authorized by 18 U.S.C. §§ 5017, 5019. In the event that he is unconditionally discharged before expiration of his maximum sentence, the conviction will automatically be set aside. 18 U.S.C. § 5021. Because his conviction can be set aside under the Youth Corrections Act, it is obviously not in his best interests to be re-sentenced as an ordinary criminal offender.

We find no reversible error in the proceedings below. The judgment of the district court is

Affirmed.

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410 F.2d 396, 1969 U.S. App. LEXIS 12724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-james-minshew-v-united-states-ca5-1969.

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