Legal Opinion
Avery v. United States
Court of Appeals for the Fifth Circuit
Decided May 9, 1974No. 73-3089PublishedCited by 1 opinion
1Per curiam
In 1971, in the United States District Court for the Eastern District of Louisiana, petitioner Avery pleaded guilty to a charge that earlier that same year he sold and distributed heroin in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 10 years’ imprisonment which he is presently serving at the Federal Penitentiary at Atlanta, Georgia.
In 1973 Avery filed in the sentencing court a pro se pleading styled a petition for a writ of “habeas corpus in forma pauperis U.S.C. Rule # 2255,” requesting that he be given a “shorter and lighter sentence.” His pertinent allegations follow: (1) He…
2Cases cited9 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. Eliseo Espinoza, Jr.Court of Appeals for the Fifth Circuit · 1973
- Charles Dallas Baker v. United StatesCourt of Appeals for the Fourth Circuit · 1968
- Robert Edward Lipscomb v. J. J. Clark, Warden, U. S. Penitentiary, United States of America v. Robert E. LipscombCourt of Appeals for the Fifth Circuit · 1972
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