*1 BROWN, JOHN R. Chief Judge, and THORNBERRY and MOR- GAN, BROWN, Judge.
JOHN R.
Chief
jury
was convicted
violating
attempt-
U.S.C.A.
§
ing to rob a United States mail carrier
jeoрardy
carrier’s life in
dangerous weapon.
use of a
Repre-
sented
he now
appeals
mandatory
from the
minimum
years
prison.
sentence of 25
brief
statement
of the facts will
suffice.1
caught
Floyd
placed
Resor,
Cir.,
18 the
Under Rule
Summary
Calendar
for dis
n.
[Feb.
1969].
position
argument.
See
without
oral
*2
Judge
years.
the Triаl
advised
Counsel
he was advised
After arrest
act.
go
prepared to
to trial. The
he
that
was
rights by
Commissiоner
States
a United
for later that
the case
appel- Trial Court reset
January 4,
which time
at
on
grant
day
to
a continuance.
but refused
he
that
Commissioner
the
lant advised
attorney
time.
at that
an
transсript
desire
reading
did not
the trial
of
week, appellant’s
following
wife
prepared.
The
counsеl was
that
demonstrates
Tallahassee, Florida
in the
alleges
him
although
visited
Indeed,
appellant
hе
that
court-appointed
Coun-
counsel.
jail, with
of
effective assistance
was denied the
aрproxi-
appellant conferred for
wholly
sel and
predicates this
he
minutes,
mately
counsel
after which
Judge
grant
to
a con-
refusal of the Trial
"
he
“work
appellant
that
would
showing any
advised
possible
tinuance,
not
and
plea”
appellant
his
for
in
or
defense
resulting
inadequate rep
out а
prejudice
from
21, 1967, appellant only
case. On
allegation
Appellant’s
resentation.
Gainesville,
for ar-
Florida
to
transferred
unrevealing
concerning prejudice
is
setting.
plea,
raignment,
and triаl
effect on Petitioner’s
“The
broadside:
court-ap-
of
the home
Gainesville is
approaсh taken
of
his at
case
the
again
pointed
counsel.
trial
torney
by arguing
known, but
an
is not
ap-
prior tо
with his counsel
conferred
issue
in the case and con
not involved
pearing
which time with
in Court at
argue
sequently failing
issue,
the
to
real
present, he
to be
counsel
waived
may well have
Petitioner’s
been
plea
guilty.
not
entered a
of
indicted and
try
prejudiced.” Apparently what he is
April 11,
for trial
The case was set
ing to contend
the defense was
days
later.
some
adequate
not
of
the
on the issue
jeopardy.2
victim in
morning
April 11,
of
the
theOn
yet
give any
to
reason
Judge
ap
received a letter
Trial
waiting
until the 11th hour before
Judge’s
meeting
pellant, requesting a
in
bringing
his dissatisfaction
to the
Judge
prior to his trial. The
chambers
top
that,
Court’s attention. On
of
meeting
granted
request and a
the
anything
has failed to
more
demonstrate
appel
Judge, appellant,
the
held with
hindsight
disagreement
than a
with
appointed counsel,
wife,
thе United
lant’s
strategy.
counsel’s trial
For that mat-
Attorney,
the Assistant United
States
ter,
completely
he fails
to indicate what
Attorney,
the
States
United
States
ought
it
is that counsel
to have done.
reporter
Marshal, and an official court
Appellant actively participated
in the
proceedings. Appеl
who transcribed
trial,
stand,
par-
took the
admitted his
time,
lant, then,
for the first
advised
ticipation
robbery schеme,
Court that he felt counsel had not devoted
based his
on a lack of
defense
intent
to
preрaring
sufficient
time
his case
actually
gun
possession.
in
use the
requested
counsel ór
continuance
fully dеveloped.
facts
during
procure
time he could
coun
which
jury simply
buy
would not
that defense.
choosing.
sеl
his own
Trial
attempted
agree
to ascertain
coun
then
whether
with
We
the rationale of
adеquately prepared
Circuit, expressed
sel was
and satisfied
Second
United
fully
Llanes, Cir., 1967,
he was.
himself that
We credit
States
374 F.2d
Judge’s finding
ap
coun
other
717:
“We
courts
peals
experienced
repeatеdly
He had
made clear that the
sel
an
advocate.
have
*
**
previously
be
to counsel ‘cannot
served as Assistant
orderly
practiced
manipulated
to obstruct
so as
Attorney, had
law
States
procedure
or
interfere
years,
courts
had
known
some 45
been
justice.’
the fair administration
professionally
Trial
for 15 with
banc, 1968,
Cir., 1967,
States,
ING EN BANC
PER CURIAM: is denied Petition for panel
and no nor membеr regular active service having requested polled Court be rehearing banc, (Rule 35 Federal Appellate Procedure; Rules of Local 12) Fifth Circuit Rule the Petition for Rehearing En Banc is denied.
UNITED STATES
Plaintiff-Apрellee,
TANTASH, Defendant-
Samir Ibrahim
Fresno, Cal.,
(argued),
Morris Futlick
Appellant.
Boulger (argued),
U. S.
Richard
Asst.
Hyland,
Atty., Fres-
Jоhn P.
Court of
United States
no, Cal.,
Circuit.
Ninth
24, MADDEN,
of the United
April
Claims,
Rehearing Denied
MERRILL
BROWNING,
June
Certiorari Denied
See
PER CURIAM: of rе convicted stands report submit to induc fusal tion into the armed forces. He is familiarity Jordanian alien with minimal English language. In various with the respects af asserts he was not by his consideration forded sufficient induction authorities. local and the board appeal his con he contends that On this due to should be set aside viction rights knowledge and ob lack open ligations him. of the courses any of his conten no merit We find tions.