Aiken v. United States

• Citation: 191 F. Supp. 43
• Decision Date: 01 February 1961
• Docket Number: No. C-2-G-60.,C-2-G-60.
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Carl Walter AIKEN v. UNITED STATES of America.

191 F. Supp. 43

Carl Walter AIKEN v. UNITED STATES of America.

No. C-2-G-60.

United States District Court M. D. North Carolina, Greensboro Division.

February 1, 1961.

John V. Hunter III (court-appointed counsel), Greensboro, N. C., for movant.

James E. Holshouser, U. S. Atty., Greensboro, N. C., for respondent.

EDWIN M. STANLEY, District Judge.

Carl Walter Aiken, a defendant in Criminal Nos. 118-G-58, 119-G-58, 120-G-58 and 157-WS-58, has moved under Section 2255 of Title 28 U.S.C.A., to vacate and set aside the judgments and sentences imposed on April 18, 1958, on the alleged ground that he did not intelligently and effectively waive his right to representation by counsel, and that his pleas of guilty were accepted without first determining that the pleas were voluntarily made with understanding of the nature of the charges pending against him. The movant is hereinafter referred to as "defendant."

The defendant was brought before the court for a hearing on November 15, 1960. In advance of the hearing, John V. Hunter III, Esquire, a prominent member of the Greensboro Bar, was appointed to represent the defendant. Mr. Hunter made a trip to the United States Penitentiary at Atlanta, Georgia, the prison where the defendant was confined, for a conference with the defendant in advance of the hearing, and later conferred with him in the local jail after he was returned to Greensboro for the hearing.

After considering the motion and affidavits filed by the defendant, the evidence adduced at the hearing, and briefs and oral arguments of counsel, the court now makes and files herein its Findings of Fact and Conclusions of Law, as follows:

1. The defendant was arrested in Yadkin County, North Carolina, at about 8:30 p. m. on January 21, 1958, by Postal Inspector Robert Fisher on warrants charging the burglary of the United States Post Office at Arrarat, Virginia, and the passing of a stolen money order in the District of Columbia. At the time of his arrest, defendant was in possession of a stolen automobile and numerous postal money orders that had been stolen from the Arrarat, Virginia, Post Office. Defendant was promptly taken before the United States Commissioner in Winston-Salem North Carolina, for a hearing. After being advised of his constitutional rights, defendant waived hearing before the commissioner and was placed in jail in default of bond.

2. The following morning, January 22, 1958, Postal Inspector S. G. Orvell arrived from Washington, D. C., to assist in the investigation. After the arrival of Inspector Orvell, he and Inspector Fisher went to the Forsyth County jail to interview defendant. Before asking any questions, Inspector Fisher fully advised defendant of his constitutional rights, including the right to have a lawyer during the interview, the fact that he did not have to make any statement, and that any statement he might make could be used against him in a criminal proceeding. Defendant refused to discuss the charges pending against him or to make any statement to the inspectors.

3. On the afternoon of January 22, 1958, the inspectors returned to the Forsyth County jail and showed to defendant the opinion of a Government document analyst indicating that, in the opinion of the analyst, defendant had forged a great number of money orders that had been stolen from the Arrarat, Virginia, Post Office. After seeing the opinion of the document analyst, the defendant gave the inspectors a lengthy statement admitting the burglary of the Arrarat, Virginia, Post Office, the forgery and passing of some 141 stolen money orders in several states, and the interstate transportation of a stolen motor vehicle. During the course of the interview, defendant was advised that there would undoubtedly be many warrants charging the forgery and passing of stolen money orders, other than the warrant then in the possession of the inspectors charging the passing of a forged money order in the District of Columbia. The defendant thereupon voluntarily stated that, if possible, he would like to have all the charges disposed of in this district rather than having to stand trial in several districts. The provision of Rule 20 of Federal Rules of Criminal Procedure, 18 U.S.C.A., was then explained by the inspectors. During the course of the explanation, the defendant laughed and said, "I know all about it Rule 20 transfers; I've been in court before." The defendant then made inquiry of the inspectors as to the maximum penalty for burglarizing a post office, and was advised by the inspectors that the maximum penalty for this offense was five years. There was no discussion of any nature concerning the penalty for any other offense.

4. The following morning, January 23, 1958, the postal inspectors again visited the defendant at the Forsyth County jail and presented to him, in written form, the statement he had made the previous day. After carefully reading the statement, defendant initialed each page and signed same in the form of an affidavit. There was no further conversation with the defendant concerning Rule 20 transfers or the maximum penalty for any of the offenses referred to in the warrants or his written statement.

5. Shortly after defendant signed the statement on January 23, 1958, Inspector Orvell left North Carolina and returned to the District of Columbia, and did not see defendant again until the time he was tried on April 18, 1958. Inspector Fisher interviewed the defendant on one or two occasions, but only discussed the details of the forgery and the passing of postal money orders in other districts. There was no discussion with the defendant by either Inspector Orvell or Inspector Fisher after January 22, 1958, concerning Rule 20 transfers, maximum penalties for any of the offenses, or related subjects.

6. The only discussion either of the postal inspectors have ever had with defendant concerning representation by an attorney was to ask him in advance of the interview on January 22, 1958, if he had an attorney, and to advise him in advance of each interview that he had the right to consult an attorney before making any statement.

7. On January 24, 1958, Special Agent Carmon J. Stuart, of the Federal Bureau of Investigation, after having been told by Inspector Fisher that the defendant had admitted the interstate transportation of a stolen motor vehicle, went to the Forsyth County jail and interviewed the defendant concerning this offense. It is conceded that Special Agent Stuart fully advised defendant of all his constitutional rights before the interview and that no discussion took place at that time concerning Rule 20 transfers, the penalty for any offense with which the defendant might be charged, the advisability of having an attorney at his trial, or any other similar matter.

8. Upon the occasion of each of the aforementioned interviews on January 22, 23 and 24, 1958, the defendant appeared to be very intelligent and alert.

9. At the time the defendant was interviewed on January 22 and 23, 1958, the postal inspectors did not know of any outstanding charges against the defendant in any district, other than the charges referred to in the warrants charging the burglary of the post office at Arrarat, Virginia, and the passing of forged postal money order in the District of Columbia.

10. Since the defendant had stated orally to the postal inspectors that he would like to have all charges against him transferred to and heard in this district, and had incorporated such request in his written statement, the United States Attorney for this District later wrote the defendant at the Forsyth County jail making inquiry as to whether or not he desired certain other charges transferred to and disposed of in this district. The defendant replied to this letter and advised that he would like to have charges pending against him in other districts transferred to this district for plea and sentence under Rule 20.

11. The defendant was later furnished with a copy of each of the following indictments pending against him in this and other districts:

(a) Criminal No. 118-G-58—A three-count indictment returned in the United States District Court for the Southern District of Florida, charging the passing of a number of falsely made and forged postal money orders.

(b) Criminal No. 119-G-58—A ten-count indictment returned in the United States District Court for the District of Columbia, charging the passing of a number of falsely made and forged postal money orders.

(c) Criminal No. 120-G-58—A three-count indictment returned in the United States District Court for the Western District of Virginia, charging the defendant with breaking into the post office at Arrarat, Virginia, with intent to commit larceny, the taking from said post office articles and property of the value in excess of one hundred dollars, and the interstate transportation of certain stamps and money orders stolen from the Arrarat, Virginia, Post Office.

(d) Criminal No. 157-WS-58—A one-count indictment returned in the United States District Court for the Middle District of North Carolina, charging the interstate transportation of a stolen motor vehicle.

12. At the time the postal inspectors interviewed the defendant on January 22 and January 23, 1958, the warrant in their possession relating to the passing of forged money orders in the District of Columbia only referred to one money order, and the warrant relating to the burglary of the Arrarat, Virginia, Post Office only referred to breaking into the post office with intent to commit larceny and the stealing of postal money order forms.

13. On April 1, 1958, the defendant signed and filed with this court three separate forms consenting to transfer the indictments pending in the Southern District of Florida, the District of Columbia, and the Western District of Virginia, to this district for plea and sentence under Rule 20, Federal Rules of Criminal Procedure. In each of the consents, the...