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431 F.2d 874

Docket No. 28913

Johnson v. United States

Fifth Circuit Court of Appeals

Decided September 9, 1970

Fifth Circuit Court of Appeals · decided 1970-09-09

Cited by 1 later decisions — most recently September 1970

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2312 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Murphy v. Houma Well Service · Huth v. Southern Pacific Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-09-09

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¶1Summary Calendar.

¶2*875Kenneth Edward Johnson, pro se.

¶3John L. Briggs, U. S. Atty., Joseph W. Hatchett, Asst. U. S. Atty., Jacksonville, Fla., for appellee.

¶4Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

¶5PER CURIAM.

¶6This appeal is taken from an order of the district court denying the motion of a federal convict to vacate sentence pursuant to 28 U.S.C. § 2255. We affirm.1

¶7Appellant was arrested in the Middle District of Florida and charged in case no. 69-90 with one count of violating the Dyer Act, 18 U.S.C. § 2312. While in custody he was indicted in the District of Nebraska on two counts of violating the same act, Count II of this indictment being identical to the Florida charge. Counsel was appointed and on April 18, 1969, appellant entered a plea of guilty in case no. 69-90. On May 2, 1969, appellant signed a Rule 20, F.R. Cr.P., transfer for the Nebraska charge, and the case was numbered 69-103. On May 16, 1969, appellant entered his plea of guilty to the first count in 69-103; the second count was dismissed. He was sentenced in both cases on the same date to consecutive terms of four years imprisonment.

¶8In his motion to vacate sentence pursuant to 28 U.S.C. § 2255, appellant contended that he never pleaded guilty in case no. 69-103, nor was he ever arraigned. The district court denied relief on the basis of the record.

¶9The record before us includes the transcript of the appellant’s arraignment and pleading in case no. 69-103. A reading of that transcript reveals that appellant was properly arraigned and that his guilty plea was properly accepted by the court after ascertaining in accordance with Rule 11, F.R.Cr.P., that it was voluntarily and understanding^ made. There obviously being no merit to appellant’s allegations, the judgment below is affirmed.

¶10Affirmed.

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