Opinion

Lafoon v. United States Board of Parole

  • 441 F.2d 490
  • 1971 U.S. App. LEXIS 10390
Court
Court of Appeals for the Fifth Circuit
Filed
May 4, 1971
Status
Published
Cited by
2 cases
Authority
More cited than 71.3%

The opinion

PER CURIAM:

Lafoon appeals from the District Court’s denial, without an evidentiary hearing, of his Section 2255 motion. We affirm.

Appellant is presently serving a Texas State sentence and the United States Board of Parole has lodged a detainer against him as the result of violation of parole on a federal sentence of twenty years originally imposed in 1955. Appellant contends that the federal conviction, based on his plea of guilty, should be set aside on the ground that he did not intelligently and understandingly waive his right to counsel. The record, which includes the arraignment and sentencing proceedings of which appellant complains, affirmatively contradicts this allegation. The District Court, therefore, correctly denied the relief sought. Obviously no evidentiary hearing was required. See Gill v. United States, 5 Cir., 1970, 421 F.2d 1353, 1355 ; Hunter v. United States, 5 Cir., 1969, 409 F.2d 1203, 1204 ; Holland v. United States, 5 Cir., 1969, 406 F.2d 213, 216 ; Streator v. United States, 5 Cir., 1968, 395 F.2d 661, 662 . Moreover since the contention raised on this appeal has previously been determined adversely to appellant after an evidentiary hearing on a similar Section 2255 motion, the District Court properly denied the motion. Bell v. United States, 5 Cir., 1970, 419 F.2d 1312, 1313 .

Affirmed.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.