Marvin J. Igo, Appellant, v. United States of America, Appellee, 315 F.2d 397 (10th Cir. 1963)

This is an appeal from a judgment denying relief to the appellant, Marvin J. Igo, on his motion, under 28 U.S.C. § 2255, which was treated as an application for a writ of error coram nobis.¹  Igo alleges that prior to his plea of guilty certain promises and threats were made to him by the Assistant United States Attorney who was handling the case, and that his plea of guilty was not voluntary because it resulted from this alleged inducement and coercion.

The district court heard the matter on its merits, and, upon conflicting evidence, found that:

"No statements, provises [sic] or threats were made by Assistant United States Attorney Paul Gotcher to Marvin J. Igo concerning Igo's pleading guilty, sentence to be received, reduction of sentence or any other matter."

The court also found that Igo waived a grand jury indictment, and that his plea of guilty was voluntary. These findings are amply supported by the record, and will not be disturbed on appeal. Roddy v. United States, 10 Cir., 296 F.2d 9; Williams v. United States, 10 Cir., 267 F.2d 559, cert. denied 361 U.S. 867, 80 S. Ct. 128, 4 L. Ed. 2d 106; Hurst v. United States, 10 Cir., 180 F.2d 835.

Affirmed.