Unpublished Dispositionrobert Young, Petitioner-appellant, v. Carl Humphries, Respondent-appellee,, 835 F.2d 880 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 835 F.2d 880 (6th Cir. 1987) Dec. 8, 1987

Before KEITH, MILBURN and DAVID A. NELSON, Circuit Judges.


ORDER

This Ohio prisoner, represented by counsel, appeals the district court's judgment dismissing his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

The petitioner sought to attack his conviction of felonious assault obtained on his plea of guilty, raising the following three grounds: 1) the trial court erred by refusing to allow him to withdraw his plea prior to sentencing; 2) the trial court failed to inform him of the elements of the crime to which he pled; and 3) the plea was invalid because felonious assault is not a lesser included offense of attempted murder.

Upon review of the record, we hereby affirm the district court's denial of the habeas petition for the reasons set forth in the memorandum opinion of the district court filed November 28, 1986. Rule 9(b) (5), Rules of the Sixth Circuit.

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