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U.S. Court of Appeals for the Fourth Circuit, 1956

William H. Jackson v. United States

William H. Jackson v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided April 11, 1956 · Cubiam, Pabkeb, Sopeb, Paul
231 F.2d 653; 1956 U.S. App. LEXIS 3436 (Federal Reporter, Second Series)

Counsel

William H. Jackson, pro se, on brief., George Cochran Doub, U. S. Atty., Baltimore, Md., on brief, for appellee.

William H. Jackson v. United States

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Opinion

PEB CUBIAM.

This is an appeal from an order denying a motion to vacate sentence under 28 U.S.C. § 2255. Similar appeals by the same prisoner have been before us on prior occasions. See Jackson v. United States, 4 Cir., 214 F.2d 485, and Jackson v. United States, 4 Cir., 224 F.2d 556. His contention now is that at the time of his sentence he was not notified of the right of appeal by the trial judge. Buie 37(a) (2) of the Buies of Criminal Procedure, 18 U.S.C., has no application to the case because sentence was not im* posed after trial, but upon a plea of guilty, and defendant was represented by counsel. The facts are fully set forth in the orders of the court below dated December 21, 1955 and December 2, 1955. The motion was frivolous and was properly denied.

Affirmed.

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