Adkins v. United States
| Decision Date | 02 February 1962 |
| Docket Number | No. 16972.,16972. |
| Citation | 298 F.2d 842 |
| Parties | Howard Oren ADKINS, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.
Appellant, through appointed counsel, pleaded guilty to an information in two counts charging him with violations of 18 U.S.C. § 472, (1) in uttering a counterfeited Federal Reserve Note, and (2) in possessing and concealing five other counterfeited Federal Reserve Notes. He was convicted on his plea and was sentenced to imprisonment for five years on each count, with the sentences to run concurrently.
Thereafter he filed a motion under 28 U.S.C.A. § 2255, to have the sentences vacated on the grounds (1) that the court failed to determine that the plea was made voluntarily with understanding of the nature of the charge; (2) that there was no evidence before the court to show that the crimes had been committed; and (3) that he had been improperly held in the city jail at St. Louis, Missouri, for 65 hours prior to being taken before a United States Commissioner. The court denied the motion without a hearing.
The transcripts of the arraignment proceeding and of the sentencing proceeding are both contained in the files and records. They clearly demonstrate that the entry of a plea of guilty in appellant's behalf by his counsel was with voluntariness on the part of appellant and with understanding by him of the nature of the charge. Among other things, the transcripts show that appellant had had an almost continuous history of criminal charges, convictions and sentences against him since 1947. He was experienced in the entry of pleas of guilty. In this situation, the statement of his counsel that appellant had been advised of the nature of the charges against him and of his rights in relation thereto manifestly was not mere jargon to him. There was persuasive basis for the court to resolve at the time that the plea of guilty was made voluntarily with understanding of the nature of the charge.
As a matter of fact, appellant's contention here appears not so much to be that his plea had not been made voluntarily and with understanding of the nature of the charge, but rather that his conviction was legally invalid because the court failed to make a formal finding and recitation at the time that it was satisfied this was the fact.
The provision of Rule 11, Rules of Criminal Procedure, 18 U.S.C.A., that, on a plea of guilty...
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Dillon v. United States
...it is made voluntarily with an understanding of the nature of the charge and without promises made by the prosecution. Adkins v. United States, 8 Cir. 1962, 298 F.2d 842. See also, United States v. McNicholas, 4 Cir. 1962, 298 F.2d 914. This determination was made by the court below. Since ......
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...United States, 272 F.2d 196, 197 (5th Cir. 1959), cert. denied, 363 U.S. 806, 80 S.Ct. 1241, 4 L.Ed.2d 1149 (1960).10 Adkins v. United States, 298 F.2d 842, 843 (8th Cir.), cert. denied, 370 U.S. 954, 82 S.Ct. 1604, 8 L.Ed.2d 819 (1962); United States v. French, 274 F.2d 297 (7th Cir. 1960)......
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...(9 Cir. 1949), 176 F.2d 122; Alaway v. United States (D.C.Cal.1968), 280 F.Supp. 326. 9 United States v. Davis, supra; Adkins v. United States (8 Cir. 1962), 298 F.2d 842, cert. den. 370 U.S. 954, 82 S.Ct. 1604, 8 L.Ed.2d 819; Williams v. United States (5 Cir. 1961), 290 F.2d 217; Berg v. U......
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U.S. v. Apker
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