UNITED STATES v. CAREY

No. 77-3376 Summary Calendar.

571 F.2d 1343 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph CAREY, a/k/a James Francis Smith, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1978.


Attorney(s) appearing for the Case

Joseph Carey, pro se.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.


PER CURIAM:

James Smith alias Joseph Carey, etc., appeals from the district court denial of his Petition for Writ of Error Coram Nobis. Appellant's collateral attack of his expired twenty year sentence on a 1948 guilty plea is premised upon three assertions; that appellant did not knowingly and voluntarily waive his right to counsel; that the convicting court failed to advise appellant of the nature and elements of the charged crimes; and that this allegedly unlawful...

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