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

JAMES ALLEN WILLIAMS, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE.

PER CURIAM:

Appellant sought post conviction relief pursuant to 28 U.S.C. § 2255. He urged two grounds: (1) his mental incompetency at the time he pled guilty, and (2) the district court's failure to comply with Rule 11, F.R.Crim.P., which prohibits acceptance of such a plea "without (the court's) first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea."

The district court dismissed the petition without holding an evidentiary hearing.

(1) A sentencing court is generally not required to entertain a second motion for 2255 relief on a ground previously heard and determined. Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). That rule applies here. Appellant, shortly after being sentenced, moved to withdraw his plea. The ground was mental incompetency. A hearing was held. His motion was denied. The transcript of that hearing reveals that the issue was extensively and thoroughly considered and that the decision was supported by substantial evidence. Appellant makes no showing that the "ends of justice" [ Sanders, supra, p. 15, 83 S.Ct. 1068] require further inquiry.

(2) The transcript of the proceeding on appellant's arraignment for plea affirmatively shows full compliance with Rule 11.

Judgment affirmed.

Use AI to get other relevant cases.

Comments

WILLIAMS v. UNITED STATES
(Aug 24, 1972)