U.S. Court of Appeals for the Third Circuit, 1967

Daniel Rubenstein v. United States

Daniel Rubenstein v. United States
U.S. Court of Appeals for the Third Circuit · Decided November 13, 1967 · McLaughlin, Kalodner, Ganey
385 F.2d 490; 1967 U.S. App. LEXIS 4541 (Federal Reporter, Second Series)

Daniel Rubenstein v. United States

Opinion

OPINION OF THE COURT

PER CURIAM:

In the instant case the defendant appeals from an Order of the District Court for the District of New Jersey denying his motion to vacate sentence pursuant to Section 2255, 28 U.S.C.A., and from a further Order of the District Court denying the defendant’s motion for reconsideration. 1

The defendant urges that the District Court did not comply with Rule 11 of the Federal Rules of Criminal Procedure in accepting his plea of guilty in that it did not determine whether the defendant understood the nature and consequence of the charges against him; and whether he was mentally competent when he pleaded guilty. He also charges that the indictment was fatally defective and that the District Court erred in holding to the contrary. Finally, he contends that the District Court erred in disposing of his petition to vacate his sentence without a hearing.

*491 On review of the record we are of the opinion that the defendant’s contentions are utterly without merit and that the District Court did not err in entering the Orders involved in this appeal.

For the reasons stated the Orders of the District Court will be affirmed.

1

. In his motion for reconsideration the defendant also asked leave to amend his motion to vacate sentence.

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