Opinion
No. 12539.
May 13, 1949.
Appeal from the District Court of the United States for the Northern District of Texas; T. Whitfield Davidson, Judge.
Rad Milton Powell, Jr., was convicted of an offense, and he appeals from denial of his motion to vacate the judgment of conviction.
Affirmed.
No appearance for appellant.
Frank B. Potter, U.S. Atty., Fort Worth, Texas, Clyde G. Hood, Asst. U.S. Atty., Dallas, Texas, for appellee.
Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.
Applying to the court, which had sentenced him on January 21, 1947, upon his plea of guilty, to serve three years in the federal penitentiary, petitioner sought a vacation of the judgment.
Claiming that he was denied assistance of counsel and that the record spoke falsely in stating that the defendant had pleaded guilty, petitioner insists that he was denied due process.
The record shows affirmatively that petitioner, advised of his right to counsel and asked whether he desired to have one appointed, waived the assistance of counsel and entered his plea of guilty. The petition was based upon nothing but appellant's unsupported statement to the contrary.
The district judge was right in denying the petition. The judgment is
Owens v. United States, 5 Cir., 174 F.2d 469; Ossenfort v. Pulaski, 5 Cir., 171 F.2d 246.
Affirmed.