ARMOUR BAILEY, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that a prior voluntary guilty plea precludes relief under 28 U.S.C. § 2255, even if the arrest and search were illegal.
Appellant sought relief under 28 U.S.C. § 2255 for a sentence imposed under 18 U.S.C. § 2113, arguing an illegal arrest and search. This was his secon…
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PER CURIAM.
For the second time appellant is here seeking relief under 28 U.S.C. § 2255 from a sentence imposed under 18 U.S.C. § 2113. The trial court, without a hearing, denied relief. On his prior application appellant contended that his guilty plea was not made voluntarily and understanding^. The trial court held to the contrary and we affirmed. Bailey v. United States, 10 Cir., 312 F. 2d 679.
Appellant now contends that the sentence should be vacated because the prosecution followed an illegal arrest and search. We have held to the contrary in a case brought by a codefendant. See Sullivan v. United States, 10 Cir., 315 F. 2d 304.
Appellant says that the present application should not have been denied without a hearing. The contention is without merit. As we pointed out in Sullivan, if the guilty plea was voluntary, the allegedly illegal conduct is no ground for relief under § 2255. In the prior § 2255 application we held that the guilty plea was made knowingly and voluntarily.
Affirmed.
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Citator
Cited By
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Mahler v. United States, 333 F.2d 472 (10th Cir. 1964)
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United States v. Donohoe, 458 F.2d 237 (10th Cir. 1972)
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United States v. Soltow, 444 F.2d 59 (10th Cir. 1971)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Armour Bailey v. United States, 312 F.2d 679 (10th Cir. 1963)
- Sullivan v. United States, 315 F.2d 304 (10th Cir. 1963)