Gillespie v. United States
Decision Date | 02 April 1969 |
Docket Number | No. 17125.,17125. |
Citation | 409 F.2d 511 |
Parties | Geodice GILLESPIE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Geodice Gillespie, Edmond J. Leeney, Patrick J. Galvin, Hammond, Ind., for appellant.
Alfred W. Moellering, U. S. Atty., Hammond, Ind., for appellee.
Before CASTLE, Chief Judge, FAIRCHILD, Circuit Judge, and HOFFMAN, District Judge.
This appeal arises from the denial by the District Court of petitioner's motion to vacate his sentence, under 28 U.S.C. § 2255. Petitioner, upon his plea of guilty, was convicted of violating 26 U.S.C. § 58511 by possessing a firearm which had not been registered pursuant to 26 U.S.C. § 5841.2 Petitioner contends that the combination of Dugan v. United States, 341 F.2d 85 (7th Cir. 1965), which held § 5841 unconstitutional on the ground that it required disclosure of incriminating evidence in violation of the Fifth Amendment,3 and Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923 (1968), which held that § 5841 and § 5851 must be read together, results in the conclusion that both sections are unconstitutional.
We are of the opinion, however, that a full reading of both of the above cases discloses that Haynes, in effect, overruled Dugan and the other cases cited by petitioner insofar as they declared § 5841 unconstitutional on its face. The court in Haynes reversed, a conviction for violating § 5851, and in so doing overruled a line of cases which had distinguished § 5841 from § 5851. The Court stated:
From the foregoing, it is clear that the Supreme Court decided that neither § 5841 nor § 5851 is unconstitutional on its face,5 and that a proper claim of the privilege against self-incrimination must be seasonably asserted to constitute a defense to a prosecution under § 5851 or § 5841. Therefore, since the petioner in the instant case failed to assert the privilege at trial, and instead voluntarily pleaded guilty, the judgment below, denying his motion to vacate, was correct. The fact that petitioner did not know of the defense at the time he pleaded guilty is neither asserted by petitioner as a ground for reversal, nor is it legally significant, since a guilty plea is "an honest confession of guilt and a waiver of all defenses known and unknown." Edwards v. United States, 103 U.S.App.D.C. 152, 256 F.2d 707, 709 (D.C. Cir. 1958). See also United States v. Hetherington, 279 F.2d 792, 796 (7th Cir. 1960), cert. den. 364 U.S. 908, 81 S. Ct. 271, 5 L.Ed.2d 224.
For the foregoing reasons, the judgment below is affirmed.
The Court expresses its appreciation to Attorneys Edmond J. Leeney and Patrick J. Galvin, members of the Hammond, Indiana bar, for their excellent services on appeal as court-appointed counsel for petitioner.
Affirmed.
1 Section 5851 provides that
2 Section 5841 provides that ...
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Johnson, In re
...find unpersuasive two federal cases to the contrary, Sepulveda v. United States (10th Cir. 1969) 415 F.2d 321, and Gillespie v. United States (7th Cir. 1969) 409 F.2d 511. Thus we have concluded that Leary v. United States, Supra, 395 U.S. 6, 89 S.Ct. 1532, is retroactive to the extent that......
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State v. Valentine
...Cir., 357 F.2d 335; Bloombaum v. United States, 4 Cir., 211 F.2d 944; Busby v. Holman, 5 Cir., 356 F.2d 75 (1966); Gillespie v. United States, 7th Cir., 409 F.2d 511 (1969); 21 Am.Jur.2d 483, 485, Section 495, and the cases relied Counsel for Valentine contend these pronouncements are not c......
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Sanders v. United States
...to have the question decided. Gillespie v. United States, 402 U.S. 938, 91 S.Ct. 1628, 29 L.Ed.2d 106, vacating Gillespie v. United States, 7th Cir. 1969, 409 F.2d 511. Since no fact issue is presented, no useful purpose would be served by a remand to the district court for its determinatio......
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United States v. Michael, 17352.
...393 F.2d 342, 344 (8th Cir. 1968). 6 In the instant case, the Government relies solely on this court's opinion in Gillespie v. United States, 409 F.2d 511 (7th Cir. 1969), as support for affirmance. In that case, however, the petitioner argued only that section 5851 was unconstitutional on ......