CAVETT v. UNITED STATES

No. 76-2589 Summary Calendar.

545 F.2d 486 (1977)

Joe Oliver CAVETT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1977.


Attorney(s) appearing for the Case

Joe Oliver Cavett, pro se.

Michael P. Carnes, U. S. Atty., Gerhard Kleinschmidt, Asst. U. S. Atty., Ft. Worth, Tex., for respondent-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.


JAMES C. HILL, Circuit Judge:

Appellant Cavett appeals from the dismissal without a hearing of his 28 U.S.C.A. § 2255 motion, contending that, because of allegedly erroneous advice of counsel, his guilty plea was not intelligently made and that the District Court was in error for failure to grant an evidentiary hearing to determine the issue.

On June 27, 1975, appellant, represented by counsel, entered a plea of guilty to a one-count indictment charging...

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