Opinion

James Earl Brown v. United States

  • 454 F.2d 1169
Court
Court of Appeals for the Fifth Circuit
Filed
Dec 8, 1971
Status
Published
On the bench
Bell, Ainsworth, Godbold
Cited by
0 cases
Authority
More cited than 12.7%

The opinion

PER CURIAM:

It is appropriate to dispose of this per se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981 .

The judgment appealed from is affirmed.

1

See Local Rule 21.

2

1

. In his motion to vacate, filed pursuant to 28 U.S.C. § 2255 , the appellant has challenged the validity of his conviction on grounds that: (1) his guilty plea was coerced in that the Government threatened to use an illegally-obtained statement against him; (2) his plea was not knowingly and intelligently entered because he was not aware of the possible defenses to the charge; (3) he was mentally incompetent to enter the plea because he was withdrawing from alcohol at the time; (4) the trial court failed to determine that there was a factual basis for the guilty plea; (5) the indictment was fatally defective because it did not include all of the essential elements of the crime; and (6) his privately-retained attorney rendered ineffective service.

2

. See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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