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Richard Willard Kay v. United States

Richard Willard KAY, Appellant, v. UNITED STATES of America, Appellee

Kay v. United States, 252 F.2d 789 (6th Cir. 1958)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
February 17, 1958
Docket
No. 13200_1
Judges
Martin, McALLISTER, Miller, Per Curiam
Citations
252 F.2d 789

Opinion — Per Curiam

PER CURIAM.

This is an appeal from denial of the application of appellant for vacation of sentence after a full hearing in the United States District Court for the Western District of Tennessee. The opinion of District Judge William E. Miller, sitting by designation, was made and properly constituted his findings of fact and conclusions of law. His opinion makes it crystal clear that the regular judge of the district Honorable Marion S. Boyd, consented to the entry of a plea of nolo contendere by appellant only after careful inquiry as to whether appellant understood his plea, and that the plea of nolo contendere upon which appellant was sentenced was voluntarily and understandingly made by him.

Accordingly, the judgment of the district court is affirmed for the reasons stated in the opinion of Judge William E. Miller, his findings of fact being supported by over-whelming evidence and his conclusions of law being correctly drawn. See also 6 Cir., 233 F.2d 442 .

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Kay v. United States, 233 F.2d 442 (6th Cir. 1956) 3

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