U.S. Court of Appeals for the Fifth Circuit, 1976

Miguel Rios-Talamantes v. United States

Miguel Rios-Talamantes v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided September 3, 1976 · Coleman, Goldberg, Gee
538 F.2d 94; 1976 U.S. App. LEXIS 7245 (Federal Reporter, Second Series)

Miguel Rios-Talamantes v. United States

Opinion

PER CURIAM:

Appellant, Miguel Rios-Talamantes, was indicted on January 18, 1973, for distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Rios-Talamantes was convicted on a guilty plea.

Rios-Talamantes subsequently petitioned for relief from his sentence in the district court under 28 U.S.C. § 2255. He alleged that his indictment was invalid because it was signed by a “Special Attorney” rather than by the permanent United States Attorney or his assistant. He further alleged that the trial judge failed to address him personally prior to accepting his guilty plea. The district court found both contentions to be meritless and accordingly denied relief.

*95 We have carefully reviewed the briefs and record in this case and find the decision of the district court to be free of error. The denial of relief is

AFFIRMED.

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