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James Waddell v. Noah L. Alldredge, Warden, Lewisburg Federal Penitentiary

James WADDELL, Petitioner-Appellant, v. Noah L. ALLDREDGE, Warden, Lewisburg Federal Penitentiary, Respondent-Appellee

Waddell v. Noah L. Alldredge,, Lewisburg Fed. Penitentiary, 457 F.2d 944 (5th Cir. 1972)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 30, 1972
Docket
No. 71-3275
Judges
Thornberry, Coleman, Ingraham
Citations
457 F.2d 9441972 U.S. App. LEXIS 10379

Opinion — Per Curiam

PER CURIAM:

The sole issue to be determined upon this appeal is whether the district court erroneously found that Appellant Waddell was not entitled to relief under 28 U.S.C. § 2255 on the basis of his contention that his sentencing court failed to advise him of his right to appeal his conviction in forma pauperis, after entry of his plea of guilty.

1

As the court below correctly held, Rule 32(a) (2), F.R.Cr.P., requires a federal district court to advise the defendant of his right to appeal without cost only in eases where the defendant has been convicted upon a plea of not guilty. Since Waddell did not enter a plea of not guilty, nor has he intimated that his guilty plea is in any way invalid, he is clearly not entitled to the relief he seeks. Barber v. United States, 10th Cir. 1970, 427 F.2d 70 , cert. denied 1970, 400 U.S. 867 , 91 S.Ct. 108 , 27 L.Ed.2d 106 ; Baker v. United States, 10th Cir. 1968, 404 F.2d 787 ; Boyes v. United States, 5th Cir. 1965, 354 F.2d 31 .

The judgment appealed from is affirmed.

1

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief -within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981 .

How later courts describe this case

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

1972: 11974: 21985: 11998: 119722026peak 1974 · 2

Relies on it most ⓘ

  1. William Marrow v. United States772 F.2d 525 (9th Cir. 1985)
  2. Broward Davis v. Louie L. Wainwright, Director, Division of Corrections462 F.2d 1354 (5th Cir. 1972)
  3. Elrod v. United States503 F.2d 959 (5th Cir. 1974)
  4. James Alvin Elrod v. United States of America, No. 73-2823 Summary Calendar503 F.2d 959 (5th Cir. 1974)
  5. Troncoso v. Singletary181 F.R.D. 533 (S.D. Fla. 1998)

Most recent

  1. Troncoso v. Singletary181 F.R.D. 533 (S.D. Fla. 1998)
  2. William Marrow v. United States772 F.2d 525 (9th Cir. 1985)
  3. James Alvin Elrod v. United States of America, No. 73-2823 Summary Calendar503 F.2d 959 (5th Cir. 1974)
  4. Elrod v. United States503 F.2d 959 (5th Cir. 1974)
  5. Broward Davis v. Louie L. Wainwright, Director, Division of Corrections462 F.2d 1354 (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 4

DepthCaseCited by
Kimbrough v. Beto, 412 F.2d 981 (5th Cir. 1969) 164
Barber v. United States, 427 F.2d 70 (10th Cir. 1970) 19
Baker v. United States, 404 F.2d 787 (10th Cir. 1968) 9
Boyes v. United States, 354 F.2d 31 (5th Cir. 1965) 7

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