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435 F.2d 166

Docket No. 30113.

Brooks v. United States

Fifth Circuit Court of Appeals

Decided Nov. 23, 1970.

Fifth Circuit Court of Appeals · decided 1970-11-23

Cited by 1 later decisions — most recently November 1970

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2314 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on McCarthy v. United States · Kimbrough v. Beto · Streator v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-11-23

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¶1Joseph A. Brooks, pro se.

¶2John W. Stokes, Jr., U. S. Atty., J. Owen Forrester, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

¶3Before GEWIN, GOLDBERG and DYER, Circuit Judges.

¶4PER CURIAM;

¶5This appeal is taken from the district court’s denial, without an evidentiary hearing, of a motion to vacate judgment and sentence filed pursuant to the provisions of 28 U.S.C. § 2255.1

¶6The appellant, represented by counsel, was convicted upon his plea of guilty of transporting a forged check in interstate commerce, in violation of 18 U.S.C. § 2314. There was no direct appeal.

¶7In his § 2255 motion, the appellant has alleged that the district court failed to comply with the provisions of Rule 11, F.R.Crim.P., with the result that his plea was not understandingly entered. The district Court held that this contention was refuted by the files and records of the case, particularly the transcript of the proceedings at which the plea was proffered and accepted by the court.

¶8Our examination of the record leads us to agree with the ruling appealed from. The transcript shows that the district court adequately complied with the standards announced in McCarthy v. United States, 1969, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418. Accordingly the order appealed from is affirmed. See Streator v. United States, 5th Cir. 1968, 395 F.2d 661; Hunter v. United States, 5th Cir. 1969, 409 F.2d 1203; United States v. Tivis, 5th Cir. 1970, 421 F.2d 147.

¶9Affirmed.

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