Legal Opinion
Diggs v. United States
District Court, E.D. Louisiana
Decided December 17, 1970No. Misc. No. 1749PublishedCited by 3 opinions
1Opinion of the Court
RUBIN, District Judge:
Sidney Joseph Diggs pleaded guilty to selling heroin in violation of 21 U.S.C. § 174 and 26 U.S.C. §§ 4704(a) and 4705(a) on August 3, 1960. He was sentenced to five years imprisonment and served the sentence. In 1969, he was charged with and pleaded guilty to receiving and concealing heroin in violation of 21 U.S.C. §§ 173 and 174. When he admitted that he was a second offender, he was sentenced to twelve years imprisonment. In this proceeding, brought under 28 U.S.C. Sec. 2255, he seeks to set aside his 1960 plea of guilty, as a prelude to attacking his 1969 sentence.
Di…
2Cases cited8 opinions
- Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960
- Anthony Joseph Munich v. United StatesCourt of Appeals for the Ninth Circuit · 1964
- Nathaniel Brown v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
- United States v. DavisCourt of Appeals for the Seventh Circuit · 1954
- James J. Domenica v. United StatesCourt of Appeals for the First Circuit · 1961
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3Cited by3 opinions
- State v. MellionLouisiana Court of Appeal · 1983
- Sidney Joseph Diggs v. Unites States of America, No. 71-1221 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
- Sidney Joseph Diggs v. United StatesCourt of Appeals for the Fifth Circuit · 1971