Angel Avila-diaz, Petitioner-appellant, v. United States of America, Respondent-appellee, 453 F.2d 1364 (5th Cir. 1971)

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U.S. Court of Appeals for the Fifth Circuit - 453 F.2d 1364 (5th Cir. 1971) Dec. 27, 1971

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


Affirmed.1  See Local Rule 21.2 


Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I


In his motion to vacate judgment and sentence filed in the District Court the appellant challenges the validity of his guilty plea on grounds that: (1) he did not understand the proceedings against him because he was unable to speak or comprehend the English language; (2) his plea of guilty was not freely or voluntarily entered, but was entered on counsel's promise that he would receive only a two-year sentence; and (3) counsel rendered ineffective service by assuring him of false consequences of the plea


See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966