Douglas Onick v. United States

Douglas ONICK, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

Onick v. United States, 425 F.2d 1292 (5th Cir. 1970)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: May 6, 1970
Docket: No. 28848_1
Judges: Wisdom, Coleman, Simpson
Citations: 425 F.2d 12921970 U.S. App. LEXIS 9390

Opinion — Per Curiam

PER CURIAM:

We have concluded on the merits that oral argument is unnecessary in this case. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing.

See Huth v. Southern Pacific Co., 5 Cir. 1969, 417 F.2d 526 ; Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804 ; 5 Cir.R. 18.

Douglas Onick pleaded guilty to charges of possessing and selling heroin and marihuana in violation of 21 U.S.C. § 174 and 26 U.S.C. §§ 4705 (a) and 4744(a). He was sentenced on November 16, 1961, to three terms of twenty years and one term of ten years, all to run concurrently.

In this motion to vacate sentence under 28 U.S.C. § 2255 , he contends that his guilty pleas were not voluntarily and understandingly made because the trial court failed to inform him that his sentence would not be subject to parole. The district court denied relief on the authority of Trujillo v. United States, 5 Cir. 1967, 377 F.2d 266 , cert. denied, 389 U.S. 899 , 88 S.Ct. 224 , 19 L.Ed.2d 221 .

*1293 In Trujillo , we held that Fed. R.Crim.P. Rule 11 does not require that the defendant be informed of his ineligibility for parole before a guilty plea can be accepted. We reaffirmed that holding in Sanchez v. United States, 5 Cir. 1969, 417 F.2d 494 . Therefore, we affirm the judgment of the district court.

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Cited by 9 cases

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Relies on it most ⓘ

David McChesney v. C. Murray Henderson, Warden, Louisiana State Penitentiary482 F.2d 1101 (5th Cir. 1973)
Donner Joseph Leblanc v. C. Murray Henderson, Warden, Louisiana State Penitentiary478 F.2d 481 (5th Cir. 1973)
United States v. Frank Sapp439 F.2d 817 (5th Cir. 1971)
Jones v. Cupp490 P.2d 1038 (Or. Ct. App. 1971)
Ronald Morales-Guarjardo v. United States of America, No. 30717 Summary Calendar440 F.2d 775 (5th Cir. 1971)
Terry Ladner v. C. Murray Henderson, Warden, Louisiana State Penitentiary, No. 30765 Summary Calendar438 F.2d 638 (5th Cir. 1971)

Most recent

United States v. Garcia501 F. Supp. 472 (D.P.R. 1980)
David McChesney v. C. Murray Henderson, Warden, Louisiana State Penitentiary482 F.2d 1101 (5th Cir. 1973)
Donner Joseph Leblanc v. C. Murray Henderson, Warden, Louisiana State Penitentiary478 F.2d 481 (5th Cir. 1973)
Jones v. Cupp490 P.2d 1038 (Or. Ct. App. 1971)
Ronald Morales-Guarjardo v. United States of America, No. 30717 Summary Calendar440 F.2d 775 (5th Cir. 1971)
Ronald Morales-Guarjardo v. United States440 F.2d 775 (5th Cir. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Trujillo v. United States, 377 F.2d 266 (5th Cir. 1967)	102
	Murphy v. Houma Well Serv., & Eva C. Fontenot, 409 F.2d 804 (5th Cir. 1969)	443
	Huth v. Southern Pac. Co., 417 F.2d 526 (5th Cir. 1969)	281
	Sanchez v. United States, 417 F.2d 494 (5th Cir. 1969)	24

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