Legal Opinion

Cherrie v. United States

Court of Appeals for the Tenth Circuit

Decided December 29, 1949No. 3977_1PublishedCited by 21 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

This is an appeal from the denial of a motion filed under 28 U.S.C.A. § 2255 to vacate a sentence of imprisonment.

Cherrie was apprehended upon charges of violating 18 U.S.C.A. § 415 [now § 2314].

Thereafter, on June 24, 1948, he signed a written waiver of indictment, the material portions of which are set- out in marginal Note. 1

On the same day, an information was filed. It contained four counts, each charging a violation of 18 U.S.C.A. § 415 [now § 2314], Cherrie was brought before the court, and the following colloquy occurred between the court and Cherrie:

“The Court: *…

2Cases cited2 opinions

  1. Von Moltke v. GilliesSupreme Court of the United States · 1948
  2. Snell v. United StatesCourt of Appeals for the Tenth Circuit · 1949

3Cited by21 opinions

  1. United States v. HaymanSupreme Court of the United States · 1952
  2. David Frank Spanbauer v. John C. Burke, Warden, Wisconsin State PrisonCourt of Appeals for the Seventh Circuit · 1966
  3. David Lord Johnson v. United StatesCourt of Appeals for the Tenth Circuit · 1964
  4. Duane A. Verdon v. United StatesCourt of Appeals for the Eighth Circuit · 1961
  5. Robert John Wolcott v. United StatesCourt of Appeals for the Tenth Circuit · 1969

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