(Download) "United States v. Minor" by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Minor
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 23, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On July 1, 1970, Charles Edward Minor appeared before the district court with his court-appointed attorney and entered a plea
of guilty to a charge of interstate transportation of a stolen motor vehicle, a violation of 18 U.S.C. § 2312. Before the
court accepted his plea, Minor stated that he understood the nature of the charge against him, as well as the maximum imposable
penalty both under the Dyer Act and under the Youth Corrections Act;1 that he had had an opportunity to discuss the case
with his attorney, and that his guilty plea was entered freely and voluntarily, solely because he was in fact guilty of the
offense. The court sentenced him to serve an indeterminate sentence under the Youth Corrections Act on August 20, 1970; and
within ten days of his sentencing Minor sent a letter to the district court stating his desire to "appeal his sentence." That
court filed the letter as a notice of appeal pursuant to Rule 4(a), F.R.A.P., and granted him leave to appeal in forma pauperis. Three days after the appeal was docketed in this Court, the appellant's court-appointed trial counsel filed a motion for
leave to withdraw from his appointment on the ground that the appeal was frivolous because the appellant had entered a voluntary
plea of guilty. In his brief in support of his motion, counsel stated that he had conscientiously examined the record, and
knew of no arguable issues which could be presented on appeal. He argued that if required to pursue the appeal the result
would be "a form of intellectual dishonesty and gymnastics". This Court granted counsel's motion, and appointed another attorney
to represent the appellant, who also seeks leave to withdraw on the same grounds.
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