ALBERT HILLAIRE, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A guilty plea waives all non-jurisdictional issues, including challenges to statutory presumptions later found unconstitutional.
Albert Hillaire pleaded guilty to conspiracy to import marihuana. He later sought to vacate his sentence, arguing his plea was induced by an unconstit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntariness Of Guilty Plea cases and more on FLexlaw
PER CURIAM:
Albert Hillaire appeals from an order of the district court denying his motion to vacate judgment and sentence filed pursuant to 28 U.S.C. § 2255.1 We affirm.
On November 28, 1966 the appellant pleaded guilty to conspiracy to import, receive, conceal, sell and facilitate the transportation of some 2400 pounds of marihuana, in violation of 21 U.S.C. § 176a. He now contends that his guilty plea was not freely and understandingly entered because it was induced by the presumption stated in § 176a. The provision of § 176a which allowed a jury to infer knowledge of illegal importation from the fact of possession was held unconstitutional in Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).
Leary is not applicable because this case was not tried and the presumption invalidated in Leary was not used. The plea of guilty by appellant was an admission of the facts presumed under § 176a; and under that plea he waived all non-jurisdictional issues or objections. Mejia v. United States, 430 F. 2d 1273 (5th Cir. 1970); Cooper v. Holman, 356 F. 2d 82 (5th Cir. 1966); Busby v. Holman, 356 F. 2d 75 (5th Cir. 1966).
Affirmed.
. Three co-defendants of appellant were tried and convicted. On appeal to this Court the judgments of conviction were affirmed. Matthews v. United States, 407 F. 2d 1371 (5th Cir. 1969), cert. denied 398 U.S. 968, 90 S.Ct. 2177, 26 L.Ed.2d 554.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gil Munzo Leano v. United States, 457 F.2d 1208 (9th Cir. 1972)
-
Dick Andrew GEE v. United States, 452 F.2d 849 (5th Cir. 1971)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Leary v. United States, 395 U.S. 6 (U.S. 1969)
- Busby v. Holman, 356 F.2d 75 (5th Cir. 1966)
- Matthews v. United States, 407 F.2d 1371 (5th Cir. 1969)
- Cooper v. Holman, 356 F.2d 82 (5th Cir. 1966)
- Schmidt v. Oswald, 398 U.S. 968 (U.S. 1970)
- Matthews v. United States, 398 U.S. 968 (U.S. 1970)
- Mejia v. United States, 430 F.2d 1273 (5th Cir. 1970)