Thomas Howell Skelton v. United States, 440 F.2d 1351 (5th Cir. 1971). · Go Syfert
Search
Thomas Howell Skelton v. United States, 440 F.2d 1351 (5th Cir. 1971). Cases Citing This Book View Copy Cite
19 citation events across 10 distinct courts.
Strongest positive: Furumoto v. Lyman (cand, 1973-08-21)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Furumoto v. Lyman
N.D. Cal. · 1973 · signal: see · confidence high
See Speake v. Grantham, 317 F.Supp. 1253, 1281 (S.D.Miss.1970), aff’d per curiam, 440 F.2d 1351 (5 Cir. 1971).
cited Cited "see" Linker v. Unified School District 259, Wichita, Kansas
D. Kan. · 1972 · signal: see · confidence high
See Speake v. Grantham, 317 F.Supp. 1253, 1285 (S.D.Miss., 1970) , aff’d, 440 F.2d 1351 (5th Cir., 1971) (per curiam).
Retrieving the full opinion text from the archive…
Thomas Howell SKELTON, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
30794.
Court of Appeals for the Fifth Circuit.
Apr 23, 1971.
440 F.2d 1351
Thomas H. Skelton, pro se., Gerald J. Gallinghouse, U. S. Atty., Robert L. Livingston, Jr., Asst. U. S. Atty., New Orleans, La., for the United States.
Dyer, Gewin, Goldberg, Per Curiam.
Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Thomas H. Skelton, pro se.

Gerald J. Gallinghouse, U. S. Atty., Robert L. Livingston, Jr., Asst. U. S. Atty., New Orleans, La., for the United States.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Lead Opinion

PER CURIAM:

This is an appeal from the District Court’s denial of Skelton’s motion to vacate judgment and sentence under 28 U.S.C.A. § 2255. We affirm.

On May 4, 1966 Skelton pleaded guilty to two counts of interstate transportation of stolen motor vehicles in violation of 18 U.S.C.A. § 2312. He was sentenced to serve an indeterminate sentence under the Youth Corrections Act. He now challenges the validity of those convictions on the ground that his guilty plea was not entered with an understanding of the consequences because he was not aware that he could be required to serve six years as a youth offender.[1]

After conducting an evidentiary hearing the District Court found that Skelton had been fully advised of the maximum imposable sentence, both under the Youth Corrections Act and under 18 U.S.C.A. § 2312, prior to the acceptance of the guilty plea. Therefore it concluded that his contention was without merit.

An examination of the entire record, including the transcript of Skelton’s arraignment proceedings, shows beyond any doubt that Skelton was properly apprised of the consequences of his plea before it was entered. See Caraway v. Beto, 5 Cir. 1970, 421 F.2d 636; Curry v. Wainwright, 5 Cir. 1969, 416 F.2d 379; Smith v. Heard, 5 Cir. 1963, 315 F.2d 692, cert. denied 1963, 375 U.S. 883, 84 S.Ct. 154, 11 L.Ed.2d 113.

Affirmed.

1

The maximum prison sentence provided for a violation of 18 U.S.C. § 2312 is five years.

Rehearing

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

Before GEWIN* GOLDBERG, and DYER, Circuit Judges.

PER CURIAM:

The Petition for Rehearing is Denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is Denied.

Judge Gewin was out of the Circuit and did not participate in this opinion.