UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
PEDRO MUNIZ, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
PEDRO MUNIZ, DEFENDANT-APPELLANT
571 F.2d 1344
Court of Appeals for the Fifth Circuit (1978)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
Pedro Muniz, a federal prisoner, has appealed from the district court’s denial of his motion to reduce his sentence, which was filed pursuant to Rule 35, F.R.Crim.P. In his said motion, appellant has not alleged facts which would indicate either that he received an illegal sentence or that the trial court grossly abused its discretion in imposing the sentence. Accordingly, the district court did not err in denying relief summarily. United States v. Yates, 5 Cir. 1977, 553 F. 2d 502.
Appellant has alleged in this Court, but not in the district court, that his guilty plea was wrongfully induced. We will not decide the merits of this contention because it never has been presented to the district court. Elrod v. United States, 5 Cir. 1974, 503 F. 2d 959; Chunn v. Clark, 5 Cir. 1971, 451 F. 2d 1005.
The judgment of the district court is AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gov't of the Virgin Islands v. Beaumont Gereau, 603 F.2d 438 (3d Cir. 1979)
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United States v. Nerren, 613 F.2d 572 (5th Cir. 1980)
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United States v. Tooker, 747 F.2d 975 (5th Cir. 1984)
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
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Chunn v. Clark, 451 F.2d 1005 (5th Cir. 1971)
- United States v. Yates, 553 F.2d 502 (5th Cir. 1977)
- Elrod v. United States, 503 F.2d 959 (5th Cir. 1974)