From Casetext: Smarter Legal Research

Pope v. United States

United States Court of Appeals, Fifth Circuit
Jul 24, 1968
398 F.2d 834 (5th Cir. 1968)

Opinion

No. 25589.

July 24, 1968.

Appeal from the United States District Court for the Western District of Texas; Jack Roberts, Judge.

Lawrence C. Pope, pro se.

Ralph H. Harris, III, Asst. U.S. Atty., Ernest Morgan, U.S. Atty., San Antonio, Tex., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and BREWSTER, District Judge.


The appellant's lengthy motion to vacate sentence, 28 U.S.C. § 2255, was denied without a hearing. Twenty-nine grounds for relief were asserted. These were carefully reviewed and rejected by the district court in an opinion appearing at 287 F. Supp. 214.

Upon a careful consideration of the voluminous record, including the trial transcript, we find no reversible error of law, nor clear error in the findings of fact. See United States v. Re, 2 Cir. 1967, 372 F.2d 641, cert. denied 388 U.S. 912, 87 S.Ct. 2112, 18 L.Ed.2d 1352. Delegal v. United States, 5 Cir. 1966, 363 F.2d 433; United States v. Gernie, 2 Cir. 1961, 287 F.2d 637, cert. denied 368 U.S. 854, 82 S.Ct. 91, 7 L.Ed.2d 52; United States v. Schultz, 7 Cir. 1961, 286 F.2d 753.

The judgment of the district court is affirmed.


Summaries of

Pope v. United States

United States Court of Appeals, Fifth Circuit
Jul 24, 1968
398 F.2d 834 (5th Cir. 1968)
Case details for

Pope v. United States

Case Details

Full title:Lawrence C. POPE, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 24, 1968

Citations

398 F.2d 834 (5th Cir. 1968)

Citing Cases

Stead v. U.S.

As to the second ground, this statute has been held constitutional on a number of occasions. See the…