WILLIE EDWARD BROCK, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE

6th Cir. | 1971-11-24
No. 71-1391
451 F.2d 1209 United States Court of Appeals for the Sixth Circuit (1971)

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.


Holding

The court held that the district judge did not err in denying the motion to vacate sentence without a hearing.


Facts & Procedural History

Appellant pleaded guilty to robbery of a Federal Credit Union office and was sentenced to 15 years. He later filed a motion to vacate his sentence, al…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant in this case pleaded guilty before a United States District Judge in the United States District Court for the Eastern District of Michigan to robbery of a Federal Credit Union office, in violation of 18 U.S.C. § 2113 (1970). He was arrested in hot pursuit after the robbery, during which pursuit his confederate was killed. These facts were established by appellant’s statement when his guilty plea was taken in full compliance with Rule 11 of the Federal Rules of Criminal Procedure. He is now serving a sentence of 15 years.

This is an appeal from denial without hearing of a motion to vacate sentence filed before the same Judge who took the plea of guilty and administered appellant’s sentence. Appellant now contends that his guilty plea was involun tary because it was compelled by a confession which he alleges to have been coerced by unduly long detention.

We find no exceptional circumstances alleged in this § 2255 motion which would have required the Judge who took this plea to have granted an evidentiary hearing. See McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970).

The judgment of the District Court is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw