MILLER

v.

UNITED STATES

Citator

Cited By

• United States v. Morin, 265 F.2d 241 (3d Cir. 1959)
  …f his rights under the law, and because he was in truth guilty of the crimes charged.” [163 F.Supp. 943.] This conclusion is entitled to respect and we shall not disturb it. Cf. United States v. Miller, 2 Cir., 254 F. 2d 523, certiorari denied 1958, 358 U.S. 868, 79 S.Ct. 100, 3 L.Ed.2d 100. Recognizing the respect due findings of fact in matters of this nature, the appellant on this appeal argues that the very fact that a confession was extracted from him during allegedly illegal detention renders his ple…
• United States ex rel. Sheldon Leeson v. Damon, 496 F.2d 718 (2d Cir. 1974)
  …es v. Wight, 176 F. 2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950, 70 S. Ct. 478, 94 L.Ed. 586 (1950); United States v. Gonzalez, 321 F. 2d 638, 639 (2d Cir. 1963); United States v. Miller, 254 [*723] F. 2d 523, 524 (2d Cir.), cert. denied, 358 U.S. 868, 79 S.Ct. 100, 3 L.Ed.2d 100 (1958). Leeson’s attorney’s advice as to maximum sentence was not so “ ‘horribly inept’ as to amount to a ‘breach of his legal duty faithfully to represent his client’s interest’ . . . ” United States ex rel. Scott v. Ma…
• United States v. Gonzalez, 321 F.2d 638 (2d Cir. 1963)
  …8 U.S. 950, 70 S.Ct. 478, 94 L.Ed. 586 (1950). Gonzalez’s claims of inadequate representation provide no basis, therefore, at this late date, for a collateral attack upon his conviction. United States v. Miller, 254 F. 2d 523 (2 Cir.), cert. denied, 358 U.S. 868, 79 S.Ct. 100, 3 L.Ed.2d 100 (1958). Appellant’s waiver of a jury trial was made in open court and with advice of counsel. Moreover, Judge Kaufman questioned Gonzalez individually so as to make certain that the waiver was voluntarily and intelligent…