RUNGE v. UNITED STATES

Nos. 121-68, 167-69.

427 F.2d 122 (1970)

Robert H. RUNGE, Appellant, v. UNITED STATES of America, Appellee. Robert H. RUNGE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

May 26, 1970.


Attorney(s) appearing for the Case

H. C. Cooper, Oklahoma City, Okl. (Stephen K. Lester, Wichita, Kan., on the brief) for appellant.

Richard E. Oxandale, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief) for appellee.

Before LEWIS, Chief Judge, HILL, Circuit Judge, and LANGLEY, District Judge.


HILL, Circuit Judge.

In this consolidated case, appellant seeks reversal of two judgments which denied motions to vacate under 28 U.S. C. § 2255. The central issue before this court now is whether appellant's plea of guilty was coerced because of the possibility of a jury-imposed death penalty under the Federal Kidnapping Act, 18 U.S.C. § 1201(a).

The settled rule is that a plea of guilty is void and subject to a § 2255 collateral attack when...

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