United States v. Luther Conner

U.S. Court of Appeals for the Fifth Circuit
United States v. Luther Conner, 484 F.2d 644 (5th Cir. 1973)

United States v. Luther Conner

Opinion

PER CURIAM:

Appellant plead guilty to the charge of interstate transportation of money taken by fraud and was sentenced to imprisonment for five years. Appellant contended at sentencing and now contends that his plea was made while under the influence of drugs and therefore he should be allowed to withdraw that plea.

Appellant’s precise points on appeal are: (1) it was plain error for the court below to sentence appellant after he asked to withdraw his plea, (2) it was plain error for the court to dismiss appellant’s allegation that he was under withdrawal of narcotics when he *645 made his guilty plea, and (3) it was error for the court not to honor the plea bargain which induced in part appellant’s plea of guilty.

This court has carefully reviewed and considered the record below and finds appellant’s contentions to be without merit. It is abundantly clear from the record that appellant was given more than ample warnings as to the consequences of his plea of guilty and further it appears that the court below was very careful to ascertain that appellant fully understood and had the ability to understand at the time what was going on around him. It should be noted that appellant was examined at a hospital by a medical doctor immediately prior to his hearing and that doctor found the appellant not to be going through withdrawal.

The decision of the lower court in all respects is

Affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Luther CONNER, Defendant-Appellant
Status
Published