Legal Opinion

Michael E. Stephen v. United States

Court of Appeals for the Fifth Circuit

Decided May 11, 1970No. 28869PublishedCited by 16 opinions

1Per curiam

This appeal is taken from an order of the district court denying without a hearing the motion of Stephen to vacate sentence pursuant to 28 U.S.C. § 2255. 1 We vacate and remand.

Petitioner, having waived counsel, was convicted on his plea of guilty of violating 18 U.S.C. § 2113(a) and (b), the federal bank robbery statute. He was sentenced on October 20, 1967, to 15 years imprisonment on (a) and a con secutive 5-year term of probation on (b). He filed his motion to vacate sentence under 28 U.S.C. § 2255, contending as grounds for relief (1) that the court failed to comply with Rule 11, F.R.…

2Cases cited8 opinions

  1. Prince v. United StatesSupreme Court of the United States · 1957
  2. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  3. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969
  4. Epifanio Trujillo v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  5. Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969

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

3Cited by16 opinions

  1. United States v. John A. BlairCourt of Appeals for the Fifth Circuit · 1973
  2. United States v. Donald P. MyersCourt of Appeals for the Ninth Circuit · 1972
  3. United States v. Jacques Rene Henri VermeulenCourt of Appeals for the Second Circuit · 1970
  4. Wilbur M. Johnson v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1972
  5. Arthur Guy Eagle Thunder v. United StatesCourt of Appeals for the Eighth Circuit · 1973

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