Legal Opinion

Richard L. Lucero v. United States

Court of Appeals for the Tenth Circuit

Decided April 27, 1970No. 96-70_1PublishedCited by 12 opinions

1Per curiam

In 1967 Lucero pleaded guilty to violation of 26 U.S.C. § 4704(a) and was sentenced to a five-year term of imprisonment. In his motion to vacate, 28 U.S. C. § 2255, he contended that his plea was involuntary, his right against self-incrimination was violated, and challenged the constitutionality of § 4704(a). In addition, he claims that the trial court erred in denying his motion to have the sentencing judge recuse himself from hearing the instant motion.

To begin with, the statute has been held constitutional and we agree. Good v. United States, 410 F.2d 1217 (5th Cir. 1969); Morgan v. United…

2Cases cited18 opinions

  1. Crown Coat Front Co. v. United StatesSupreme Court of the United States · 1968
  2. Russell T. Halliday v. United StatesCourt of Appeals for the First Circuit · 1967
  3. Anthony Mirra v. United StatesCourt of Appeals for the Second Circuit · 1967
  4. United States v. Alexander Henry SmithCourt of Appeals for the Fourth Circuit · 1964
  5. United States v. Paul M. HughesCourt of Appeals for the Second Circuit · 1964

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

3Cited by12 opinions

  1. United States v. Lewis Aaron CookCourt of Appeals for the Tenth Circuit · 1993
  2. United States v. Edwin PierceCourt of Appeals for the Ninth Circuit · 1977
  3. Commonwealth v. LeateMassachusetts Supreme Judicial Court · 1975
  4. United States v. GardunoCourt of Appeals for the Tenth Circuit · 2007
  5. United States v. GarduñoCourt of Appeals for the Tenth Circuit · 2007

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

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