UNITED STATES v. SCALES

No. 78-5532.

599 F.2d 78 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie James SCALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1979.


Attorney(s) appearing for the Case

James D. Waide, III, West Point, Miss. (Court-appointed), for defendant-appellant.

H. M. Ray, U.S. Atty., Tyree Irving, Alfred E. Moreton, III, Asst. U.S. Attys., Oxford, Miss., for plaintiff-appellee.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.


GODBOLD, Circuit Judge:

Scales was convicted after a jury trial of violation of 18 U.S.C. § 922(h), receipt of a firearm by a convicted felon. Prior to trial he moved to suppress evidence of his prior felony conviction — a state court conviction of manslaughter — contending that his plea of guilty to the manslaughter charge was constitutionally invalid. The district judge conducted a hearing on the motion and denied it.

The district court...

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