Brown v. United States, 14299.
| Decision Date | 18 June 1953 |
| Docket Number | No. 14299.,14299. |
| Citation | 204 F.2d 298 |
| Parties | BROWN v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
J. B. Hodges, Lake City, Fla., for appellant.
Emory Newton Brown, in pro per.
Matt O'Brien, Asst. U. S. Atty., Tampa, Fla., for appellee.
Before BORAH, RUSSELL and STRUM, Circuit Judges.
On March 24th, 1947, appellant, Emory Newton Brown, was sentenced to imprisonment for a total term of twenty years upon his plea of guilty to the offenses of robbery of an insured bank within the meaning of Section 264(c), Title 12 of the United States Code, and in which the defendant put in jeopardy the life of the cashier of the bank by use of two pistols and a shot gun. Related offenses were involved, but sentences upon these were directed to run concurrently with the twenty year sentence. Brown was thereafter incarcerated in the Federal Penitentiary at Atlanta, Georgia.
On June 16, 1952, the prisoner filed a motion to vacate the sentence of the court pursuant to the provisions of Section 2255, of Title 28, U.S.C., based upon the grounds, first, that his attorney was not present at the time the sentence of the court was imposed; second, that prior to arraignment and plea he had been subjected to illegal and unconstitutional restraint by the county and city officers of specified municipalities and counties of the State of Florida, in part of which an agent of the Federal Bureau of Investigation had participated, and had been held in custody by the federal authorities from January 14th until January 15th or 16th, before he was carried before a United States Commissioner; and, third, that an agent of the Federal Bureau of Investigation had, by intimidation and coercion, secured a confession of guilt. The movant plead in detail the alleged conduct which it is claimed constituted the improper incarceration prior to arraignment, and also, the means by which his confession was claimed to have been coerced.
The judge of the trial court who had imposed sentence upon the movant ordered him brought from the penitentiary. He appeared on July 23rd and a hearing was had. The hearing was continued to July 30th, at which time the court had the movant brought before him to ascertain what witnesses he desired subpoenaed by the court in his behalf and to consider a letter he had written the court requesting the subpoena from the penitentiary of one of his co-defendants in the original charges. As to this, the court, after hearing what was proposed to be proved by this witness, denied the petition with the right to the defendant to take it up later if it developed that such testimony might be material. Another hearing was set for August 18th, to afford the movant opportunity for further preparation in the case and to secure the attendance of his witnesses.
Upon this latter date, the court patiently and fairly permitted the movant to testify broadly and in detail as to all matters claimed to be even remotely material to his contentions and to elaborate his legal points in general, as well as his claims of the particular pertinence of various phases of the testimony. In all instances where the relevancy of testimony was questionable the court permitted the movant to develop his case so that the true facts might be brought to light. Among the witnesses who testified were the movant; the attorney who represented him in conducting the original case; his then wife who was present at the time his confession was made; his father, and the accused Federal Bureau of Investigation agent. Upon movant's suggestion that such agent may have molded his testimony to fit the needs of the defense to the motion, the court permitted the movant to examine the Assistant U. S. Attorney conducting the defense.
The Court made findings of fact that under the facts and circumstances of the case the movant competently and intelligently waived his right to the presence of his counsel at the time of the sentence; that the movant was not deprived of any constitutional right, and was not coerced, threatened or abused by any agent of the United States, or by the agent of the Federal Bureau of Investigation, as charged; and that no agent of the United States unlawfully searched or seized any property of the movant. No express finding was made as to the charge of illegal incarceration, for this point seems to have been abandoned upon the hearing. In any event, the movant freely conceded that he had made no incriminating statement or the questioned confession until several weeks subsequent to the improper incarceration or delayed commitment hearing. Upon its findings, the court denied the motion to vacate the sentence. The movant has appealed. Upon the argument here, movant was represented by counsel retained by his family.
We find the order of the court denying and overruling the motion to vacate the sentence imposed upon the movant to be fully supported by the record and the testimony presented upon the several hearings which the court held. As to some phases of the case there were conflicts between the testimony of the movant and the agent of the Federal Bureau of Investigation as to occurrences prior to, and at, the time the confession was made. The court's findings that the investigation and interrogation were...
To continue reading
Request your trial
-
State v. Hansen
...and he cannot reverse it after he is dissatisfied with his sentence, or with other subsequent developments. Cf. Brown v. United States, 5 Cir., 1953, 204 F.2d 298, 300--301, certiorari denied 1954, 346 U.S. 925, 74 S.Ct. 314, 98 L.Ed. 418. Indeed, a contrary ruling would mean that a defenda......
-
Watts v. United States, 15209
...Hall v. United States, 8 Cir., 1958, 259 F.2d 430, certiorari denied, 1959, 359 U.S. 947, 79 S. Ct. 728, 3 L.Ed.2d 680; Brown v. United States, 5 Cir., 1953, 204 F.2d 298, certiorari denied, 1954, 346 U.S. 925, 74 S. Ct. 314, 98 L.Ed. 418. We refuse to sanction such a paradox. We have caref......
-
United States v. Morin
...come to the same conclusion on strikingly similar factual patterns. Hall v. United States, 8 Cir., 1958, 259 F.2d 430; Brown v. United States, 5 Cir., 1953, 204 F.2d 298, certiorari denied 1954, 346 U. S. 925, 74 S.Ct. 314, 98 L.Ed. 418; Voltz v. United States, 5 Cir., 196 F.2d 298, certior......
-
Kent v. United States
...and he cannot reverse it after he is dissatisfied with his sentence, or with other subsequent developments. Cf. Brown v. United States, 5 Cir., 1953, 204 F.2d 298, 300-301, certiorari denied 1954, 346 U.S. 925, 74 S.Ct. 314, 98 L.Ed. 418. Indeed, a contrary ruling would mean that a defendan......