Legal Opinion

Dick Alexander Caldwell v. United States

Court of Appeals for the Tenth Circuit

Decided December 16, 1970No. 174-70PublishedCited by 20 opinions

1Opinion of the Court

HOLLOWAY, Circuit Judge.

Pursuant to 28 U.S.C. § 2255 appellant Caldwell moved to set aside his conviction on a plea of guilty to a 1967 charge under the Dyer Act, 18 U.S.C. § 2312. He alleged that he was not advised of and did not understand the six-year period of supervision possible under the Youth Corrections Act under which he was sentenced; that his sentence was unlawful due to the five-year limitation of sentence under the Dyer Act; and that his representation by appointed counsel was inadequate. After an evidentiary hearing the trial court made findings adverse to appellant and…

2Cases cited17 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Kercheval v. United StatesSupreme Court of the United States · 1927
  3. Halliday v. United StatesSupreme Court of the United States · 1969
  4. Richard B. Carter v. United StatesCourt of Appeals for the D.C. Circuit · 1962
  5. Donald Bernard Cunningham v. United StatesCourt of Appeals for the Fifth Circuit · 1958

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3Cited by20 opinions

  1. United States Ex Rel. Lois Sero v. Peter PreiserCourt of Appeals for the Second Circuit · 1975
  2. State v. GleasonSupreme Judicial Court of Maine · 1979
  3. In Re the Appeal in Maricopa County Juvenile No. J-86509Arizona Supreme Court · 1979
  4. Joe Harold Williams v. Lloyd Eaton, as Football Coach of the University of WyomingCourt of Appeals for the Tenth Circuit · 1972
  5. Thompson v. CarlsonCourt of Appeals for the Third Circuit · 1980

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