407 F.2d 618 (7th Cir. 1969), 16817, Baker v. United States

Docket Nº:16817.
Citation:407 F.2d 618
Party Name:Coyit BAKER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
Case Date:March 14, 1969
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 618

407 F.2d 618 (7th Cir. 1969)

Coyit BAKER, Petitioner-Appellant,


UNITED STATES of America, Respondent-Appellee.

No. 16817.

United States Court of Appeals, Seventh Circuit.

March 14, 1969

Stephen A. Landsman, Chicago, Ill., for appellant.

Thomas A. Foran, U.S. Atty., Charles A. Boyle, Asst. U.S. Atty., Chicago, Ill., John Peter Lulinski, Michael B. Nash, Asst. U.S. Attys., of counsel, for appellee.

Before CASTLE, Chief Judge, and SWYGERT and CUMMINGS, Circuit Judges.

SWYGERT, Circuit Judge.

This case comes before us on appeal from the district court's denial of petitioner Coyit Baker's motion made pursuant to 28 U.S.C. § 2255 to vacate his sentence. Although the petitioner in this action seeks only to test the legality of his sentence, it is necessary to set

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forth the events which occurred before the present appeal. On October 30, 1959, the petitioner and his two codefendants, Fred Coduto and Howard Frye, were found guilty by a jury as charged in a nine count indictment of narcotics and revenue violations arising under 21 U.S.C. § 174 and 26 U.S.C. § 4705(a). Sentencing was delayed on account of motions for a new trial filed by the attorneys for all three defendants. These motions were argued at length on November 27, 1959 by Mr. Charles A. Bellows, counsel for codefendant Fred Coduto. Petitioner Baker's counsel, Mr. John Cogan, indicated to the court that he did not desire to engage in oral argument and stood on his written motion. It is the effect and adequacy of the verbal exchange between counsel Cogan and the trial judge, the late Julius H. Miner, which is the basis of the asserted deprivation of petitioner Baker's constitutional rights. After completion of counsel Bellow's argument for a new trial, the record shows that the following statements were made:

BY MR. COGAN: I have nothing to say on behalf of my defendants. We will stand on the written motion.

BY THE COURT: Is there anything further to be said? (No response.)

Thereupon, without further comment from the bench, Judge Miner imposed sentence on the defendants. Petitioner Coyit Baker and Howard Frye were jointly sentenced by the following pronouncement:

I hereby sentence Howard Frye and Coyit Baker to twenty years on each of nine counts of the indictment to run concurrently. I fine each of them $10,000.

Later that same day, and outside the...

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