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UNITED STATES v. HAY

No. 81-2408 Summary Calendar.

685 F.2d 919 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Darrell HAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 1982.

Attorney(s) appearing for the Case

Herbert Darrell Hay, pro se.

Daniel K. Hedges, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before TATE, JOHNSON and WILLIAMS, Circuit Judges.

TATE, Circuit Judge:

Following his plea of nolo contendere to a one count criminal information charging him with simple assault by written communication, in violation of 18 U.S.C. § 113, Herbert Darrell Hay brings this direct appeal pro se. Hay does not attack the adequacy of his plea, or the proceedings concerning it. His sole contention, raised on appeal for the first time, is that the United States failed to perform one of the four terms of their plea...

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