United States v. Carl W. Raetzsch
Court of Appeals for the Fifth Circuit
1Opinion of the Court
OPINION
EDITH HOLLAN JONES, Circuit Judge:
The only issue on which this court granted Raetzsch’s motion to proceed in forma pauperis is whether his unsupported allegation of an unkept plea bargain merits an evidentiary hearing under oath when his plea statements to the contrary were not given under oath. We hold that such allegation, in the context of the present case, does not require a hearing, and we therefore affirm the judgment of the district court.
Raetzsch pleaded guilty in federal court, upon advice of counsel, to possession of heroin with intent to distribute in September 1974 and was…
2Cases cited6 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- United States v. TimmreckSupreme Court of the United States · 1979
- New Jersey v. General Motors Corp.Supreme Court of the United States · 1974
- Richard Henry Bryan v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- United States v. Joseph J. MaggioCourt of Appeals for the Fifth Circuit · 1975
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3Cited by26 opinions
- United States v. Ludevina Ayala CervantesCourt of Appeals for the Fifth Circuit · 1998
- United States v. Dwight ReedCourt of Appeals for the Fifth Circuit · 2013
- Caesar Harmason v. Larry Smith, Acting Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1989
- Ezra Davis, Jr. v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, RespondentCourt of Appeals for the Fifth Circuit · 1987
- United States v. Andre McDanielsCourt of Appeals for the Fifth Circuit · 2018
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