*2 Atty., Gallinghouse, U. S. Gerald J. GOLDBERG, and Before GEWIN* Jr., Livingston, U. Asst. S. L. Robert Judges. DYER, Circuit Orleans, La., Atty., the for United New PER CURIAM: States. Rehearing is Denied for The Petition and GEWIN, Before GOLDBERG Judge panel in and no member of nor this Judges. DYER, Circuit regular active on Court hav- service the ing requested polled be on that the Court PER CURIAM: rehearing banc, (Rule Rules en 35 Federal appeal an from the District This is Procedure; Appellate Fifth of Local Cir- denial motion to va- Court’s of Skelton’s Rehearing 12) for cuit Rule Petition the judgment under 28 cate and sentence En is Banc Denied. 2255. affirm. U.S.C.A. We § guilty May pleaded 4, 1966 On Skelton transportation
to interstate two counts of
of in of 18 stolen motor vehicles violation to He was sentenced
U.S.C.A. 2312. § under an indeterminate sentence
serve
the Youth Corrections Act. He now
challenges validity the of those convic- ground guilty plea tions on the that his understanding not an was entered with Lloyd al., Asa Plaintiffs- PEOPLES et consequences Appellants, of the because he was not required that to aware he could be serve v. years youth six aas offender.1 al., et The CITY OF BIRMINGHAM Defendants-Appellees. conducting evidentiary After hear- an ing the District Court that found Skelton No. 30232. fully had been advised of the maximum imposable sentence, Appeals, both under the Youth of States Court United Fifth Circuit. Act and under Corrections 18 U.S.C.A. 2312, prior acceptance to the of the § 9, April 1971. guilty plea. Therefore it that concluded his contention was without merit. record,
An examination of the entire
including transcript the ar- of Skelton’s raignment beyond proceedings, shows
any properly ap- doubt that Skelton was
prised consequences plea of of the his be- Caraway it See
fore was v. entered. Beto, 636; Curry 1970, 5 Cir. 421 F.2d * prison Judge and provided of the 1. was out Circuit maximum Gewin The sentence opinion. participate in this for a violation of 18 is did not § U.S.C. 2312 five years.