Public-domain · open source
OpenJurist

567 F.2d 634

Docket No. 77-2867

Johnson v. United States

Fifth Circuit Court of Appeals

Decided Feb. 8, 1978.

Fifth Circuit Court of Appeals · decided 1978-02-08

Cited by 5 later decisions — most recently June 1980

5 federal appellate ·

2 counsel of record

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

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-02-08

View the full empirical analysis of this case →

¶1Summary Calendar.*

¶2David Earl Johnson, pro se.

¶3D. L. Rampey, Jr., U. S. Atty., Richard Nettum, Asst.- U. S. Atty., Macon, Ga., for respondent-appellee.

¶4Before MORGAN, CLARK and TJOF-LAT, Circuit Judges.

¶6PER CURIAM:

¶7In this appeal, petitioner questions the district court’s denial of his motion to vacate sentence, under 28 U.S.C. § 2255*635(1970), grounded on claims of double jeopardy, ineffective assistance of counsel, the denial of the right to a direct appeal from his conviction, and constitutional violations of the fifth, ninth and fourteenth amendments.. In denying the motion, .the district court merely recited that these claims had previously been presented by petitioner and denied. The court’s order gave no indication whatever as to the manner in which the claims had purportedly been made previously or whether the claims had been denied on the merits. See Rule 9(b), Rules Governing Section 2255 Proceedings for the United States District Courts.

¶8The record presently before us indicates that the double jeopardy issue has never been presented to the district court. As for the remaining claims, it is not clear to us that they have been resolved on the merits. Further proceedings in the district court are therefore indicated and this case is reversed and remanded for that purpose.1

¶9REVERSED AND REMANDED.

/567/f2d/634 · .json · Public domain