Halliday v. United States - United States Court of Appeals for the First Circuit

Halliday v. United States

By United States Court of Appeals for the First Circuit

  • Release Date: 1968-05-08
  • Genre: Law

Description

This is an appeal from the denial of petitioner's motion for post-conviction relief brought pursuant to 28 U.S.C. § 2255. It is the second time the district court's denial of this motion has come to us for review. Halliday v. United States, 380 F.2d 270 (1st Cir. 1967). In 1954 petitioner and several others went to trial on three indictments. After two full days of trial petitioner, through his counsel, requested that he be allowed to change his plea. Thereupon the trial court accepted his pleas of guilty and imposed substantial prison sentences. Nearly twelve years later (1966) petitioner filed the instant motion to vacate the convictions and pleas of guilty. He asserts that in accepting these pleas the court did not determine as required by Fed.R. Crim.P. 11 that they were made voluntarily with understanding of the nature of the charges; also, that he was denied the right of allocution in violation of Fed.R. Crim. P. 32(a).

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