SMITH v. UNITED STATES

No. 23396.

378 F.2d 296 (1967)

Leonard Whaylon SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 31, 1967.


Attorney(s) appearing for the Case

Paul Frederick Rothstein, Joel J. Finer, Allen E. Smith, Austin, Tex., for appellant.

Andrew L. Jefferson, Jr., Reese L. Harrison, Jr., Asst. U. S. Attys., Ernest Morgan, U. S. Atty., San Antonio, for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and AINSWORTH, Circuit Judges.


HUTCHESON, Circuit Judge.

Upon a plea of guilty, appellant Smith was convicted on three counts of forgery in violation of 18 U.S.C. Sec. 495 and sentenced to imprisonment on consecutive sentences for a total period of nine years. On appeal he contends that the totality of circumstances having occurred with regard to the arraignment and sentencing proceedings demonstrate (1) that his guilty plea was not entered voluntarily with an understanding of the nature of the...

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