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    United States v. Gene Ellis Williams, A/K/A Glenn, 986 F.2d 1417, 4th Cir. (1993)

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    Gene Ellis Williams appealed the district court's denial of his third petition for habeas corpus relief under 28 U.S.C. § 2255. Williams had previously pled guilty to drug-related offenses and claimed in this petition that his guilty plea was involuntary because the district judge did not advise him of the statutory minimum penalty for one count. The district court reviewed the transcript from the plea hearing and found it showed the judge had read the entire statute, including the minimum penalty, disproving Williams' claim. The Fourth Circuit affirmed, finding Williams' claim had no merit.

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    United States v. Gene Ellis Williams, A/K/A Glenn, 986 F.2d 1417, 4th Cir. (1993)

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    Gene Ellis Williams appealed the district court's denial of his third petition for habeas corpus relief under 28 U.S.C. § 2255. Williams had previously pled guilty to drug-related offenses and claimed in this petition that his guilty plea was involuntary because the district judge did not advise him of the statutory minimum penalty for one count. The district court reviewed the transcript from the plea hearing and found it showed the judge had read the entire statute, including the minimum penalty, disproving Williams' claim. The Fourth Circuit affirmed, finding Williams' claim had no merit.

    Original Description:

    Filed: 1993-03-02 Precedential Status: Non-Precedential Citations: 986 F.2d 1417 Docket: 92-6441

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    Gene Ellis Williams appealed the district court's denial of his third petition for habeas corpus relief under 28 U.S.C. § 2255. Williams had previously pled guilty to drug-related offenses and claimed in this petition that his guilty plea was involuntary because the district judge did not advise him of the statutory minimum penalty for one count. The district court reviewed the transcript from the plea hearing and found it showed the judge had read the entire statute, including the minimum penalty, disproving Williams' claim. The Fourth Circuit affirmed, finding Williams' claim had no merit.

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    United States v. Gene Ellis Williams, A/K/A Glenn, 986 F.2d 1417, 4th Cir. (1993)

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    Gene Ellis Williams appealed the district court's denial of his third petition for habeas corpus relief under 28 U.S.C. § 2255. Williams had previously pled guilty to drug-related offenses and claimed in this petition that his guilty plea was involuntary because the district judge did not advise him of the statutory minimum penalty for one count. The district court reviewed the transcript from the plea hearing and found it showed the judge had read the entire statute, including the minimum penalty, disproving Williams' claim. The Fourth Circuit affirmed, finding Williams' claim had no merit.

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    of 2

    986 F.

    2d 1417

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES OF AMERICA, Plaintiff-Appellee,
    v.
    Gene Ellis WILLIAMS, a/k/a Glenn, Defendant-Appellant.
    No. 92-6441.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: October 27, 1992
    Decided: March 2, 1993

    Appeal from the United States District Court for the Western District of
    North Carolina, at Charlotte. Robert D. Potter, District Judge. (CR-86-40C, CA-92-87-P)
    Richard R. Williams, Mobile, Alabama, for Appellant.
    Thomas J. Ashcraft, United States Attorney, Charlotte, North Carolina,
    Max O. Cogburn, Assistant United States Attorney, Asheville, North
    Carolina, for Appellee.
    W.D.N.C.
    AFFIRMED.
    Before WILKINSON and WILKINS, Circuit Judges, and SPROUSE,
    Senior Circuit Judge.
    PER CURIAM:

    OPINION

    Gene Ellis Williams appeals from the district court's order refusing relief under
    28 U.S.C. 2255 (1988). Finding no merit to the arguments raised by this
    appeal, we affirm.

    Williams pled guilty to a number of drug-related offenses. In the present


    petition, his third, Williams alleged that his guilty plea was involuntary. He
    claimed that the district judge did not advise him of the statutory minimum
    penalty for one count. In two earlier petitions, Williams asserted various
    violations also stemming from the Rule 11* hearing.

    The district court correctly dismissed Williams's petition. The district court
    found that the transcript of the Rule 11 hearing belied the factual basis of the
    claim. Williams's claim that he was not advised of the minimum penalty for
    one count of the indictment is simply disproved by the record. At the hearing,
    the district judge read the statute which formed the basis of the count in its
    entirety. The minimum penalty was included in that reading. Williams's claim
    is without merit.

    Accordingly, we affirm the district court's order. We dispense with oral


    argument because the facts and legal contentions are adequately presented in
    the materials before the Court and argument would not aid the decisional
    process.
    AFFIRMED

    Federal Rules of Criminal Procedures

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