# James Earl Brown v. United States

> Court of Appeals for the Fifth Circuit · December 8, 1971 · 454 F.2d 1169

URL: https://www.frixlaw.com/law-library/cases/301298

## Case

- **Full name:** James Earl BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 8, 1971
- **Citations:** 454 F.2d 1169
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Bell, Ainsworth, Godbold
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/301298

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/301298. Public record. Not legal advice.