UNITED STATES v. SMALLWOOD

No. 76-1178.

536 F.2d 1257 (1976)

UNITED STATES of America, Appellee, v. Neal SMALLWOOD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1976.


Attorney(s) appearing for the Case

James R. Coe, Omaha, Neb., for appellant.

Daniel E. Wherry, U. S. Atty., Omaha, Neb., for appellee; Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., on the brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, HENLEY, Circuit Judge, and DEVITT, Chief District Judge.


DEVITT, Chief District Judge.

Defendant appeals from the judgment revoking probation and committing him under the Youth Corrections Act, 18 U.S.C. § 5010(b), claiming (1) the court abused its discretion in revoking probation, (2) the court erred in accepting the guilty plea because he was incompetent, and (3) the sentence was excessive and constituted cruel and unusual punishment. We find no merit in the claims and affirm the judgment.

Defendant pled...

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