Legal Opinion

United States v. Thomas J. Cleary, Thomas James Cleary

Court of Appeals for the Third Circuit

Decided May 2, 1995No. 94-3290PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

ROTH, Circuit Judge:

I. INTRODUCTION

Thomas James Cleary (“Cleary”) appeals from an order of the district court entered on May 24, 1994, denying Cleary’s motion to vacate or correct an illegal sentence pursuant to 28 U.S.C. § 2255. Cleary asserts that the district court violated Rule 11(c)(1) of the Federal Rules of Criminal Procedure by failing, at his change of plea hearing, to adequately inform him and determine that he understood the maximum penalty he could receive. In particular, Cleary contends that the court erred by failing to explain the effects of a term of…

2Cases cited12 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Hill v. United StatesSupreme Court of the United States · 1962
  3. United States v. AddonizioSupreme Court of the United States · 1979
  4. United States v. TimmreckSupreme Court of the United States · 1979
  5. Robert Lebern Lucas, Jr., Cross-Appellee v. United States of America, Cross-AppellantCourt of Appeals for the Second Circuit · 1992

7 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. Cyrus R. SandersCourt of Appeals for the Third Circuit · 1999
  2. Buehl v. VaughnCourt of Appeals for the Third Circuit · 1999
  3. Thomas G. Parry Bh-2648 v. Frederick RosemeyerCourt of Appeals for the Third Circuit · 1995
  4. Kevin Fowler v. United States Parole CommissionCourt of Appeals for the Third Circuit · 1996
  5. United States v. Mike Mustafa A/K/A Darwish MustafaCourt of Appeals for the Third Circuit · 2001

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API