Benson v. U.S., No. 76-1775

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore HEANEY, ROSS and HENLEY; PER CURIAM
Citation552 F.2d 223
PartiesJohn Leonard BENSON, Appellant, v. UNITED STATES of America, Appellee.
Decision Date22 March 1977
Docket NumberNo. 76-1775

Page 223

552 F.2d 223
John Leonard BENSON, Appellant,
v.
UNITED STATES of America, Appellee.
No. 76-1775.
United States Court of Appeals,
Eighth Circuit.
Submitted March 9, 1977.
Decided March 22, 1977.

Page 224

Robert L. Fanter, Des Moines, Iowa, on brief for appellant.

George H. Perry, U.S. Atty. and John M. Fitzgibbons, Asst. U.S. Atty., Des Moines, Iowa, on brief for appellee.

Before HEANEY, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

John Leonard Benson appeals from the District Court's denial of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. That sentence was imposed in 1975 after Benson pled guilty to one count of armed bank robbery in violation of 18 U.S.C. § 2113(d). We affirm.

In December of 1974, a white male driving a red-orange Volkswagen robbed the federally insured Jackson State Bank and Trust in Maquoketa, Iowa. Only one employee was present in the bank when the robber entered, revealed a gun and ordered the employee to place all the money in the cash drawer and vault in a plaid case the robber was carrying. Included in this money were $1,000 of marked bills, so marked by the bank to later identify any stolen amounts. The employee complied with the demands, was then tied up and the robber left.

Across the street from the bank is a bar. Two persons in the bar had observed the robber coming and going from the bank. Because these people were suspicious of this person's activity, they took down the license plate number of the Volkswagen.

The bank employee freed herself and called the police. The descriptions of the robber, the plaid case and the Volkswagen given by the employee and the bar patrons were soon broadcast on the police radio. An Iowa Highway Patrol Officer then observed a red-orange Volkswagen driven by a white male and having no other occupants traveling away from Maquoketa. The officer had the driver, Benson, pull over. Although the license plates were now different from those reported by the witnesses to the bank robbery, a plaid case was lying on the back seat of the Volkswagen and a handgun was visible on the floor in front of the driver's seat. The broadcast had described the robber's hair and the cap he was wearing. A wig and a cap meeting that description were lying on the front seat of the Volkswagen.

Benson was arrested, given Miranda warnings, gave written consent for the officers to search the Volkswagen wherein the officers found the marked bills from the bank and Benson confessed to robbing the bank.

Benson raises two issues to support his claim, the first being that he was denied effective assistance of counsel and, second, that there was not a factual basis to support his guilty plea.

INEFFECTIVE ASSISTANCE OF COUNSEL

To sustain his allegation of ineffective assistance of counsel, Benson must show that his attorney failed to exercise the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances and that Benson was prejudiced thereby. Pinnell v. Cauthron,540 F.2d 938 (8th Cir. 1976);...

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32 practice notes
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 23, 1982
    ...defense had little chance to succeed); Jackson v. Estelle, 548 F.2d 617, 618 (5th Cir.1977) (same conclusion); Benson v. United States, 552 F.2d 223, 225 (8th Cir.) (failure to make independent investigation of facts before advising client to plead guilty is not ineffective assistance when ......
  • Boothe v. Wyrick, No. 77-0830-CV-W-4.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • June 19, 1978
    ...customary skills and diligence that a reasonably competent attorney would perform under similar circumstances. Benson v. United States, 552 F.2d 223 (8th Cir. 1977); Pinnell v. Cauthron, 540 F.2d 938 452 F. Supp. 1312 (8th Cir. 1976); United States v. Easter, 539 F.2d 663 (8th Cir. 1976). S......
  • Kirksey v. State, No. 25540
    • United States
    • Nevada Supreme Court of Nevada
    • August 16, 1996
    ...with any information that would cast doubt on the events as portrayed in the prosecutor's files. Id.; see also Benson v. United States, 552 F.2d 223, 224-25 (8th Cir.), cert. denied, 434 U.S. 851, 98 S.Ct. 164, 54 L.Ed.2d 120 Here, Kirksey never denied his involvement and never suggested to......
  • Pickens v. Lockhart, No. PB-C-81-141.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • June 10, 1982
    ...e.g., Plant v. Wyrick, 636 F.2d 188 (8th Cir. 1980); Word v. United States, 604 F.2d 1127, 1130 (8th Cir. 1979); Benson v. United States, 552 F.2d 223 (8th Cir. 1977); and Beran v. United States, 580 F.2d 324 (8th Cir. 1978). "He apparently did not interview government witnesses or witnesse......
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32 cases
  • Washington v. Strickland, No. 81-5379
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 23, 1982
    ...defense had little chance to succeed); Jackson v. Estelle, 548 F.2d 617, 618 (5th Cir.1977) (same conclusion); Benson v. United States, 552 F.2d 223, 225 (8th Cir.) (failure to make independent investigation of facts before advising client to plead guilty is not ineffective assistance when ......
  • Boothe v. Wyrick, No. 77-0830-CV-W-4.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • June 19, 1978
    ...customary skills and diligence that a reasonably competent attorney would perform under similar circumstances. Benson v. United States, 552 F.2d 223 (8th Cir. 1977); Pinnell v. Cauthron, 540 F.2d 938 452 F. Supp. 1312 (8th Cir. 1976); United States v. Easter, 539 F.2d 663 (8th Cir. 1976). S......
  • Kirksey v. State, No. 25540
    • United States
    • Nevada Supreme Court of Nevada
    • August 16, 1996
    ...with any information that would cast doubt on the events as portrayed in the prosecutor's files. Id.; see also Benson v. United States, 552 F.2d 223, 224-25 (8th Cir.), cert. denied, 434 U.S. 851, 98 S.Ct. 164, 54 L.Ed.2d 120 Here, Kirksey never denied his involvement and never suggested to......
  • Pickens v. Lockhart, No. PB-C-81-141.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • June 10, 1982
    ...e.g., Plant v. Wyrick, 636 F.2d 188 (8th Cir. 1980); Word v. United States, 604 F.2d 1127, 1130 (8th Cir. 1979); Benson v. United States, 552 F.2d 223 (8th Cir. 1977); and Beran v. United States, 580 F.2d 324 (8th Cir. 1978). "He apparently did not interview government witnesses or witnesse......
  • Request a trial to view additional results

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