United States v. John Robert Payne

Third Circuit

United States v. John Robert Payne

183 F.2d 415, 1950 U.S. App. LEXIS 2955

CourtCourt of Appeals for the Third Circuit

DecidedJune 21, 1950

Docket10046_1

StatusPublished

This text of 183 F.2d 415 (United States v. John Robert Payne) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. John Robert Payne, 183 F.2d 415, 1950 U.S. App. LEXIS 2955 (3d Cir. 1950).

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Opinion

PER CURIAM.

The appellant was convicted in the District Court for the Middle District of Pennsylvania upon his plea of guilty of a charge of attempting to escape from federal custody in violation of the statute now incorporated in 18 U.S.C.A. § 751. By a subsequent motion under 28 U.S.C.A. § 2255 in the district court he sought to vacate the sentence imposed upon him upon the ground that the true facts did not support the charge of the indictment to which he had pleaded guilty. The district court denied the motion. In United States v. Gallagher, 3 Cir., 183 F.2d 342, we hold that such a contention may not be considered in support of a motion under § 2255. For the reasons stated in our opinion in that case the action of the district court in denying appellant’s motion was right.

Accordingly, the order appealed from will be affirmed.

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PER CURIAM.

The appellant was convicted in the District Court for the Middle District of Pennsylvania upon his plea of guilty of a charge of attempting to escape from federal custody in violation of the statute now incorporated in 18 U.S.C.A. § 751. By a subsequent motion under 28 U.S.C.A. § 2255 in the district court he sought to vacate the sentence imposed upon him upon the ground that the true facts did not support the charge of the indictment to which he had pleaded guilty. The district court denied the motion. In United States v. Gallagher, 3 Cir., 183 F.2d 342, we hold that such a contention may not be considered in support of a motion under § 2255. For the reasons stated in our opinion in that case the action of the district court in denying appellant’s motion was right.

Accordingly, the order appealed from will be affirmed.

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Bluebook (online)

183 F.2d 415, 1950 U.S. App. LEXIS 2955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-robert-payne-ca3-1950.

Opinion

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