THOMAS v. UNITED STATES

No. 23349.

368 F.2d 941 (1966)

Joseph L. THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 9, 1966.


Attorney(s) appearing for the Case

Joseph L. Thomas, pro se.

Edward L. Shaheen, U. S. Atty., Charles E. Welsh, Asst. U. S. Atty., Shreveport, La., for appellee.

Before RIVES, THORNBERRY and AINSWORTH, Circuit Judges.


RIVES, Circuit Judge:

The question for decision is whether a sentence permitted by statute can be collaterally attacked under 28 U.S.C. § 2255 because prior to imposing sentence the judge advised the defendant that the judge had no doubt whatsoever as to his guilt, and that if he then confessed his guilt the court would take that into account in the length of sentence to be imposed; while, on the other hand, if he persisted in his denial that he participated...

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