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445 F.2d 637

Docket No. 71-1038.

Minor v. United States

Eighth Circuit Court of Appeals

Decided April 28, 1971.

Eighth Circuit Court of Appeals · decided 1971-04-28

Cited by 3 later decisions — most recently May 1973

1 federal appellate · 1 state decisions

2 counsel of record

Relies on McCarthy v. United States · Halliday v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-04-28

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¶1*638Clarence Melvin Minor, filed brief pro se.

¶2Bert C. Hurn, U. S. Atty., and Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., filed brief for appellee.

¶3Before ALDRICH,* LAY and BRIGHT, Circuit Judges.

¶5PER CURIAM.

¶6The judgment is affirmed on the opinion of the District Court. The sentence having been imposed prior to McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), it was not per se invalid for failure of compliance with Fed.R.Crim.P. 11. Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969). The court’s finding of voluntariness was clearly warranted. The court’s failure to inform the defendant of a possible death penalty, where it was not imposed, supports the finding of voluntariness rather than conflicts with it.

¶7Judgment affirmed.

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