U.S. Court of Appeals for the Fifth Circuit, 1978

United States v. Pedro Muniz

United States v. Pedro Muniz
U.S. Court of Appeals for the Fifth Circuit · Decided April 26, 1978 · Thornberry, Godbold, Rubin
571 F.2d 1344; 1978 U.S. App. LEXIS 11483 (Federal Reporter, Second Series)

United States v. Pedro Muniz

Opinion

PER CURIAM:

Pedro Muniz, a federal prisoner, has appealed from the district court’s denial of his motion to reduce his sentence, which was filed pursuant to Rule 35, F.R.Crim.P. In his said motion, appellant has not alleged facts which would indicate either that he received an illegal sentence or that the trial court grossly abused its discretion in imposing the sentence. Accordingly, the district court did not err in denying relief summarily. United States v. Yates, 5 Cir. 1977, 553 F.2d 502.

Appellant has alleged in this Court, but not in the district court, that his guilty plea was wrongfully induced. We will not decide the merits of this contention because it never has been presented to the district court. Elrod v. United States, 5 Cir. 1974, 503 F.2d 959; Chunn v. Clark, 5 Cir. 1971, 451 F.2d 1005.

The judgment of the district court is AFFIRMED.

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