United States v. Pedro Muniz, 571 F.2d 1344

PER CURIAM:

Pedro Muniz, a federal prisoner, has appealed from the district court’s denial of his motion to reduce his sentence, which was filed pursuant to Rule 35, F.R.Crim.P. In his said motion, appellant has not alleged facts which would indicate either that he received an illegal sentence or that the trial court grossly abused its discretion in imposing the sentence. Accordingly, the district court did not err in denying relief summarily. United States v. Yates, 5 Cir. 1977, 553 F.2d 502.

Appellant has alleged in this Court, but not in the district court, that his guilty plea was wrongfully induced. We will not decide the merits of this contention because it never has been presented to the district court. Elrod v. United States, 5 Cir. 1974, 503 F.2d 959; Chunn v. Clark, 5 Cir. 1971, 451 F.2d 1005.

The judgment of the district court is AFFIRMED.

Case Details

Case Name: United States v. Pedro Muniz

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Apr 26, 1978

Citations: 571 F.2d 1344; 1978 U.S. App. LEXIS 11483; 77-3522

Docket Number: 77-3522

Court Abbreviation: 5th Cir.