Legal Opinion
United States v. Gustavo Battle
Court of Appeals for the Fifth Circuit
Decided August 13, 1971No. 71-1344PublishedCited by 1 opinion
1Per curiam
On a plea of guilty, the petitioner was convicted on one count of purchasing, selling and distributing cocaine which was not in the original stamped package. He was sentenced to eight years imprisonment and a few days later filed what was denominated a Motion To Mitigate Sentence/Motion For Leave To Withdraw Plea of Guilty and Vacation of Sentence, contending that the misrepresentations of the Government were the forces moving him to plead guilty. In effect it is a direct appeal, not a post-conviction matter.
Prior to trial defendant’s counsel had several conversations both with the United…
2Cases cited3 opinions
- Clemmon D. Waters v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- John Robert Welch v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- Robert Miller and Peter Jarvi v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1970
3Cited by1 opinion
- United States v. Gustavo Battle, No. 71-1344 Summary Calendar. (1) Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409Court of Appeals for the Fifth Circuit · 1971