U.S. Court of Appeals for the Fifth Circuit, 1962

Ralph P. Rosa v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided April 10, 1962 · Cameron, Bell, Carswell

301 F.2d 630; 1962 U.S. App. LEXIS 5423 (Federal Reporter, Second Series)

Counsel

Ralph P. Rosa, Lewisburg, Pa., for appellant., Lloyd G. Bates, Jr., Miami, Fla., for appellee.

Cases that cite this one

1 later published case cites this decision.

Ralph P. Rosa v. United States (5th Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellant, having received the mandatory minimum sentence for violating the federal narcotics laws, 26 U.S.C.A. §§ 4704(a) and 4705(a), seeks relief collaterally on the ground that he was not explicitly afforded the opportunity under Rule 32(a), Fed.R.Crim.P., 18 U.S.C.A., of making a statement in his own behalf before sentence was imposed. This is “not of itself an error that can be raised by collateral attack, * * *.” Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417; Machibroda v. *631 United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473. Nor is there any merit in the additional claim to relief based on the alleged shortcomings of appellant’s personally selected and employed trial counsel. Kennedy v. United States, 5 Cir., 1958, 259 F.2d 883.

Affirmed.

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