Thomas Howell Skelton v. United States

Fifth Circuit

Thomas Howell Skelton v. United States

440 F.2d 1351

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 23, 1971

Docket30794

StatusPublished

This text of 440 F.2d 1351 (Thomas Howell Skelton 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

Thomas Howell Skelton v. United States, 440 F.2d 1351 (5th Cir. 1971).

Pincite

Opinions

PER CURIAM:

This is an appeal from the District Court’s denial of Skelton’s motion to vacate judgment and sentence under 28 U.S.C.A. § 2255. We affirm.

On May 4, 1966 Skelton pleaded guilty to two counts of interstate transportation of stolen motor vehicles in violation of 18 U.S.C.A. § 2312. He was sentenced to serve an indeterminate sentence under the Youth Corrections Act. He now challenges the validity of those convictions on the ground that his guilty plea was not entered with an understanding of the consequences because he was not aware that he could be required to serve six years as a youth offender.¹

After conducting an evidentiary hearing the District Court found that Skelton had been fully advised of the maximum imposable sentence, both under the Youth Corrections Act and under 18 U.S.C.A. § 2312, prior to the acceptance of the guilty plea. Therefore it concluded that his contention was without merit.

An examination of the entire record, including the transcript of Skelton’s arraignment proceedings, shows beyond any doubt that Skelton was properly apprised of the consequences of his plea before it was entered. See Caraway v. Beto, 5 Cir. 1970, 421 F.2d 636; Curry v. Wainwright, 5 Cir. 1969, 416 F.2d 379; Smith v. Heard, 5 Cir. 1963, 315 F.2d 692, cert. denied 1963, 375 U.S. 883, 84 S.Ct. 154, 11 L.Ed.2d 113.

Affirmed.

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

PER CURIAM:

This is an appeal from the District Court’s denial of Skelton’s motion to vacate judgment and sentence under 28 U.S.C.A. § 2255. We affirm.

On May 4, 1966 Skelton pleaded guilty to two counts of interstate transportation of stolen motor vehicles in violation of 18 U.S.C.A. § 2312. He was sentenced to serve an indeterminate sentence under the Youth Corrections Act. He now challenges the validity of those convictions on the ground that his guilty plea was not entered with an understanding of the consequences because he was not aware that he could be required to serve six years as a youth offender.¹

After conducting an evidentiary hearing the District Court found that Skelton had been fully advised of the maximum imposable sentence, both under the Youth Corrections Act and under 18 U.S.C.A. § 2312, prior to the acceptance of the guilty plea. Therefore it concluded that his contention was without merit.

An examination of the entire record, including the transcript of Skelton’s arraignment proceedings, shows beyond any doubt that Skelton was properly apprised of the consequences of his plea before it was entered. See Caraway v. Beto, 5 Cir. 1970, 421 F.2d 636; Curry v. Wainwright, 5 Cir. 1969, 416 F.2d 379; Smith v. Heard, 5 Cir. 1963, 315 F.2d 692, cert. denied 1963, 375 U.S. 883, 84 S.Ct. 154, 11 L.Ed.2d 113.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

440 F.2d 1351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-howell-skelton-v-united-states-ca5-1971.

Opinions

Related

Cite This Page — Counsel Stack