Legal Opinion

Thomas Dewey Lambert v. United States

Court of Appeals for the Fifth Circuit

Decided August 6, 1979No. 78-2540PublishedCited by 10 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

Appellant, a convicted felon, pleaded guilty to receiving a firearm transported in interstate commerce, 18 U.S.C. § 922(h). The district court denied his § 2255 petition and we affirm.

We have withheld decision in this case pending decision in U. S. v. Timmreck, - U.S. -, 99 S.Ct. 2085, 2087, 60 L.Ed.2d 634, which involved a collateral attack on a conviction based upon failure to comply with Rule 11. In Timmreck the Court drew a distinction between a “technical violation” of Rule 11 and an error resulting in a “complete miscarriage of justice” or in a proceeding…

2Cases cited5 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Tollett v. HendersonSupreme Court of the United States · 1973
  3. United States v. TimmreckSupreme Court of the United States · 1979
  4. Barrett v. United StatesSupreme Court of the United States · 1976
  5. Lee Jackson Keel v. United StatesCourt of Appeals for the Fifth Circuit · 1978

3Cited by10 opinions

  1. Edward Lee Wright v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  2. Gooding v. United StatesDistrict of Columbia Court of Appeals · 1987
  3. Andrew Edwin Tiemens, A/K/A Edward Pollard, Frank Pollard, James Stewart v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
  4. United States v. Edward KingCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. John Rudolph CrookCourt of Appeals for the Fifth Circuit · 1979

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