Legal Opinion

Michael J. Schell v. United States

Court of Appeals for the Seventh Circuit

Decided March 5, 1970No. 17039_1PublishedCited by 15 opinions

1Opinion of the Court

FAIRCHILD, Circuit Judge.

Michael J. Schell, age 20, was convicted in 1964 of a Dyer Act violation and was sentenced under the youth corrections act. He will apparently be kept in custody until the end of the six year maximum. His conviction rests upon a plea of guilty. He was not represented by counsel.

This is an appeal from denial of a motion under 28 U.S.C. § 2255. Schell’s motion claimed in substance that at the time of the plea upon which he was found guilty, he was told that the maximum term of imprisonment was five years, but his sentence was actually for six.

At arraignment in March,…

2Cases cited15 opinions

  1. Vincent L. Pilkington v. United StatesCourt of Appeals for the Fourth Circuit · 1963
  2. Richard B. Carter v. United StatesCourt of Appeals for the D.C. Circuit · 1962
  3. David S. Kotz v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  4. David Frank Spanbauer v. John C. Burke, Warden, Wisconsin State PrisonCourt of Appeals for the Seventh Circuit · 1966
  5. Marvel v. United StatesSupreme Court of the United States · 1965

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3Cited by15 opinions

  1. United States v. Paul FazziniCourt of Appeals for the Seventh Circuit · 1989
  2. People v. ReddIllinois Supreme Court · 1996
  3. People v. BakerIllinois Supreme Court · 1982
  4. State v. ModicaCourt of Appeals of Washington · 2006
  5. State v. ModicaCourt of Appeals of Washington · 2006

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