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Willis Smith v. United States

Willis SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

Smith v. United States, 449 F.2d 176 (5th Cir. 1971)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 8, 1971
Docket
No. 71-1142
Judges
Wisdom, Coleman, Simpson
Citations
449 F.2d 1761971 U.S. App. LEXIS 7676

Opinion — Per Curiam

PER CURIAM:

Willis Smith is serving a fifteen year sentence for violating federal narcotics laws, 26 U.S.C. §§ 4704 (a) and 4705(a) and 21 U.S.C. § 174 . Following a trial *177 by jury, this Court affirmed on direct appeal, Smith v. United States, 5 Cir., 1966, 357 F.2d 486 .

Appellant filed a “petition for writ of error coram nobis” in the trial court claiming that he was denied a fair and complete direct appeal because the trial transcript reviewed on appeal did not include the jury selection proceedings and the closing arguments of counsel. The District Court, treating the petition as a motion to vacate sentence pursuant to 28 U.S.C. § 2255 , 1

denied relief for failure to allege grounds upon which relief could be granted.

In his petition appellant did not allege how he was prejudiced by the failure to transcribe those segments of the proceedings. Further, he made no claim of any error whatever in the selection of the jury or in the closing arguments. There being no other allegations upon which relief could be granted, the judgment below is affirmed, 28 U.S.C. § 2255 .

Affirmed.

1

. The present case does not present a sitúation where resort to coram nobis is necessary. For a discussion of the availability of coram nobis relief subsequent to the enactment of § 2255 see Currie, Federal Courts (1968) pp. 209-211 and cases cited therein,

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11973: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. Weems v. United States361 F. Supp. 922 (D. Maryland 1973)
  2. Dedorise Daniel Doyal v. United States456 F.2d 1292 (5th Cir. 1972)

Most recent

  1. Weems v. United States361 F. Supp. 922 (D. Maryland 1973)
  2. Dedorise Daniel Doyal v. United States456 F.2d 1292 (5th Cir. 1972)

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 1

DepthCaseCited by
Smith v. United States, 357 F.2d 486 (5th Cir. 1966) 74

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