O'Connell v. United States

March 14, 1972.

Sixth Circuit Court of Appeals · decided 1972-03-14

Relies on National Labor Relations Board v. Amalgamated Clothing Workers of America · Kimbrough v. Beto · 24 Mich. App. 188 - People v. Benberry

Opinion by Per Curiam · Decided 1972-03-14

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

¶1

It is appropriate to dispose of this pro 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.

¶2

The judgment below is affirmed.1 See Local Rule 21.2

In his motion filed pursuant to 28 U.S.C. Sec. 2255, appellant has alleged that his guilty plea was coerced by the eleven-month delay between his indictment and his arraignment, and consequently was denied the opportunity of having his federal sentence run concurrently with a state sentence imposed prior to his indictment

See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966