UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES FRANK ROGERS, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district court properly exercised jurisdiction and that the defendant's conviction and sentencing were lawful.
The defendant was convicted of two counts of assault within the exclusive territorial jurisdiction of the United States on Lackland Air Force Base. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ineffectiveness Of Counsel cases and more on FLexlaw
PER CURIAM.
James Frank Rogers takes this direct appeal from his conviction of two counts of assault within the exclusive territorial jurisdiction of the United States, with intent to do bodily harm. 18 U.S.C. § 113(c). We affirm. Facts disclosed at the plea proceedings adequately established that the assaults were committed on Lackland Air Force Base, within exclusive federal jurisdiction. The crime was not service connected, and the district court, rather than the military courts, properly exercised jurisdiction.
The court’s conclusion from the plea proceedings that there was an adequate factual basis for the plea was not erroneous. Nor did it commit any error in determining on the record before it that the plea was voluntary.
Imposing consecutive 5-year sentences for the two assaults was lawful in the circumstances. Nor can appellant complain of the confiscation of the gun used in the assaults. Appellants claim of selective prosecution, excessive bail, and undue delay in bringing him before a magistrate are also meritless.
The disposition of § 2255 petitions filed by appellant subsequent to the taking of this appeal is not properly before us for review. Nor is his parole status. Similarly, we will not consider on direct appeal appellant’s allegation of an unfulfilled representation by defense counsel that, probation would be granted. See United States v. Coronado, 554 F. 2d 166, 170-71 n. 6 (5th Cir. 1977). Limiting our consideration to only the formal filings, the rule 11 transcript, and the sentencing transcript, which constitute the complete record before us, we find no ineffectiveness of counsel.
The judgment of the district court is AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Colon-Padilla, 770 F.2d 1328 (5th Cir. 1985)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Coronado, 554 F.2d 166 (5th Cir. 1977)