Harlan Allen Tibbs v. United States
Opinion
Opinion
Tibbs, appellant, petitioned for relief under 28 U.S.C. § 2255 from sentences imposed in October 1961 by the court in the Northern District of California at Sacramento, now the Eastern District of California. An evidentiary hearing was held, findings made and relief denied. We affirm.
Tibbs was on the F.B.I.’s “Ten Most Wanted” list and charges were pending in various states, as well as the charges in the Northern District of California, the Southern District of North Carolina and the Northern District of Florida. He desired to have all the federal charges disposed of at one time. He had sustained prior convictions under 18 U.S.C. §§ 2312 and 2314 and had been in various courts on various occasions. He is now on parole.
In September 1961, Tibbs waived an attorney and entered pleas of guilty to five counts in two indictments pending in the Northern District of California. In October 1961 the North Carolina and the Florida indictments were transferred to the Northern District of California and he again waived an attorney and entered pleas of guilty to the charges therein. His waiver of counsel is not in issue.