Wilkins v. United States

Fourth Circuit

Wilkins v. United States

181 F.2d 495

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 5, 1950

Docket6046

StatusPublished

Cited by4 cases

This text of 181 F.2d 495 (Wilkins v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilkins v. United States, 181 F.2d 495 (4th Cir. 1950).

Pincite

Opinion

PER CURIAM.

This is an appeal from denial of a motion made under 28 U.S.C.A. § 2255. Appellant was charged with violation of 18 U.S.C.A. § 912 by information filed after waiver of indictment. He entered a plea of guilty and was sentenced to a term of three' years. The court appointed counsel to represent,appellant; but upon appellant’s protesting that he did not desire counsel but wished to present the,case himself counsel was permitted to withdraw. Before, accepting the plea of guilty the trial judge made careful inquiry to ascertain that appellant understood the charge and that the plea was voluntarily and understandingly entered. Some question having been raised as to appellant’s sanity, the judge had him examined by a psychiatric expert before imposing punishment upon him, and was advised by the report of the expert that appellant, although a psychopathic personality, was not insane but was responsible for his acts. Appellant seeks on his appeal to have us review the facts of his case and the *496 punishment imposed; hut this we have no power to do, as the plea of guilty, having been properly and understandingly entered, precludes further inquiry into the question of guilt, and the punishment, being within the limits allowed by the statute, is not subject to review by motion under 28 U.S.C.A. § 2255.

Affirmed.

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

PER CURIAM.

This is an appeal from denial of a motion made under 28 U.S.C.A. § 2255. Appellant was charged with violation of 18 U.S.C.A. § 912 by information filed after waiver of indictment. He entered a plea of guilty and was sentenced to a term of three' years. The court appointed counsel to represent,appellant; but upon appellant’s protesting that he did not desire counsel but wished to present the,case himself counsel was permitted to withdraw. Before, accepting the plea of guilty the trial judge made careful inquiry to ascertain that appellant understood the charge and that the plea was voluntarily and understandingly entered. Some question having been raised as to appellant’s sanity, the judge had him examined by a psychiatric expert before imposing punishment upon him, and was advised by the report of the expert that appellant, although a psychopathic personality, was not insane but was responsible for his acts. Appellant seeks on his appeal to have us review the facts of his case and the *496 punishment imposed; hut this we have no power to do, as the plea of guilty, having been properly and understandingly entered, precludes further inquiry into the question of guilt, and the punishment, being within the limits allowed by the statute, is not subject to review by motion under 28 U.S.C.A. § 2255.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

181 F.2d 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-united-states-ca4-1950.

Opinion

Related

Cite This Page — Counsel Stack