United States v. Battle, 71-1344. Summary Calendar.
| Decision Date | 21 August 1972 |
| Docket Number | No. 71-1344. Summary Calendar.,71-1344. Summary Calendar. |
| Citation | 467 F.2d 569 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Gustavo BATTLE, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Prebish & Masin, Michael A. Masin, Miami, Fla., for defendant-appellant.
Robert W. Rust, U. S. Atty., George A. Kokus, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.
Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.
It is exceedingly rare that the same direct appeal from a criminal conviction is twice before the Court, but this is such a case. On direct appeal from a conviction based on a guilty plea appellant charged that the conviction was invalid because the plea was induced by certain "misrepresentations" of the Government. We remanded for full development of the facts. A supplemental evidentiary hearing was held and the District Court has filed formal findings of fact and reaffirmed his earlier sentence. We affirm.
The earlier opinion in this case succinctly defined the crucial issue. United States v. Battle, 5 Cir., 1971, 447 F.2d 950, 951. The transcript of the evidentiary hearing held after the prior remand and the Judge's findings thereon convinces us that the former is the situation here. It now seems clear that the only "representation" made by the Government was that no one in the United States Attorney's Office would recommend a particularly severe penalty. The Government kept that assurance.
The crux of the controversy seems to be that the United States Attorney had expressed to defense counsel the belief that the District Court would probably mete out a minimal sentence if the defendant pleaded guilty. The United States Attorney ventured a conjecture that the two-year statutory minimum would be appropriate, and perhaps part of that would be suspended. The United States Attorney was not much of a prognosticator, since the District Court sentenced the defendant to a term of eight years imprisonment. However, as defense counsel readily conceded at the evidentiary hearing, the United States Attorney's remarks were by no means promises. The attorney recognized that the United States Attorney had...
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United States v. Tatum
...Pihakis, 545 F.2d 973 (5th Cir. 1977), appellant's assertions here, even if true, do not make out such a promise. See United States v. Battle, 467 F.2d 569 (5th Cir. 1972). Appellant makes the further claim, however, that the prosecuting attorney induced his guilty plea by threatening "to p......
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U.S. v. Weiss
...into cooperation by a course of dealing calculated to foster the subjective expectation of an agreement. See United States v. Battle, 467 F.2d 569, 570 (5th Cir. 1972) (government cannot lure defendant into plea bargain by false information); Trotter v. United States, 359 F.2d 419, 420 (2d ......
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U.S. v. Weaver
...promises made in bad faith may constitute trickery so flagrant as to violate a defendant's constitutional rights. United States v. Battle, 467 F.2d 569, 570 (5th Cir.1972). Finally, Sikes' cooperation was not related to the charges for which he was prosecuted; nor were statements which Sike......
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U.S. v. Maggio, 74-2629
...or indications from the court, is insufficient to invalidate a guilty plea as unknowing or involuntary. E. g., United States v. Battle, 467 F.2d 569, 570-571 (5th Cir. 1972); Masciola v. United States, 469 F.2d 1057, 1059 (3d Cir. 1972); United States ex rel. Curtis v. Zelker, 466 F.2d 1092......