Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MARTIN RODRIGUEZ SANCHEZ, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE.

PER CURIAM:

This is an appeal from denial of relief under § 2255. The appellant testified under oath that there was no plea bargain. Without supporting evidence of any kind he now asserts there was. This is not sufficient. Matthews v. U.S., 533 F.2d 900 (CA5, 1976), cert. denied, 429 U.S. 1121, 97 S.Ct. 1156, 51 L.Ed.2d 571; Dugan v. U.S., 521 F.2d 231 (CA5, 1975).

The court was not required to enter findings that defendant would not benefit from the YCA. Brown v. U.S., 551 F.2d 619 (CA5, 1977); Mitchell v. U.S., 547 F.2d 875 (CA5, 1977); U.S. v. Gamboa-Cano, 510 F.2d 598 (CA5, 1975). We cannot say that in imposing sentence the judge abused his discretion or considered improper factors. After this court's decision in U.S. v. Cavazos, 530 F.2d 4 (CA5, 1976), concerning appellant's codefendant, the district court on remand re-sentenced Cavazos to the same sentence previously given him, which is the same sentence given to appellant. This court affirmed Cavazos's re-sentence. U.S. v. Cavazos, No. 76-2777, 12/23/76 (unpublished opinion).

Use AI to get other relevant cases.

Comments

SANCHEZ v. UNITED STATES
(Nov 17, 1978)