William Jackson appealed the denial of his motion to vacate his sentence under 28 U.S.C. s2255. Jackson claimed that at the time of his sentencing, the trial judge did not notify him of his right to appeal. The court affirmed the denial, noting that Rule 37(a)(2) does not apply because Jackson pled guilty rather than having a trial, and he was represented by counsel at sentencing. The court also determined that the facts of the case were fully outlined in the lower court's orders denying the motion, and that the motion was frivolous.
William Jackson appealed the denial of his motion to vacate his sentence under 28 U.S.C. s2255. Jackson claimed that at the time of his sentencing, the trial judge did not notify him of his right to appeal. The court affirmed the denial, noting that Rule 37(a)(2) does not apply because Jackson pled guilty rather than having a trial, and he was represented by counsel at sentencing. The court also determined that the facts of the case were fully outlined in the lower court's orders denying the motion, and that the motion was frivolous.
William Jackson appealed the denial of his motion to vacate his sentence under 28 U.S.C. s2255. Jackson claimed that at the time of his sentencing, the trial judge did not notify him of his right to appeal. The court affirmed the denial, noting that Rule 37(a)(2) does not apply because Jackson pled guilty rather than having a trial, and he was represented by counsel at sentencing. The court also determined that the facts of the case were fully outlined in the lower court's orders denying the motion, and that the motion was frivolous.
George Cochran Doub, U.S. Atty., Baltimore, Md., on brief, for appellee. Before PARKER, Chief Judge, SOPER, Circuit Judge, and PAUL, District judge. PER CURIAM.
This is an appeal from an order denying a motion to vacate sentence under 28
U.S.C. s2255. Similar appeals by the same prisoner have been before us on prior occasions. See Jackson v. United States, 4 Cir., 214 F.2d 485, and Jackson v. United States, 4 Cir., 224 F.2d 556. His contention now is that at the time of his sentence he was not notified of the right of appeal by the trial judge. Rule 37(a)(2) of the Rules of Criminal Procedure, 18 U.S.C., has no application to the case because sentence was not imposed after trial, but upon a plea of guilty, and defendant was represented by counsel. The facts are fully set forth in the orders of the court below dated December 21, 1955 and December 2, 1955. The motion was frivolous and was properly denied.
United States of America Ex Rel. Dennis P. Kelly v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania, 414 F.2d 1228, 3rd Cir. (1969)
United States Ex Rel. Julius Ciehala, Relator-Appellant v. J. Edwin Lavallee, As Warden of Clinton State Prison, Dannemora, New York, 312 F.2d 308, 2d Cir. (1963)
United States Ex Rel. Theodore R. Krzywosz, Relator-Appellant v. Walter H. Wilkins, As Warden of Attica State Prison, Attica, New York, 336 F.2d 509, 2d Cir. (1964)