Cochran v. United States
| Decision Date | 30 August 1966 |
| Docket Number | No. 16690.,16690. |
| Citation | 365 F.2d 310 |
| Parties | Eugene COCHRAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Michael D. Rose (Court Appointed), Columbus, Ohio, for appellant.
Bradley Hummel, Asst. U. S. Atty., Columbus, Ohio, Joseph P. Kinneary, U. S. Atty., Columbus, Ohio, on brief, for appellee.
Before PHILLIPS and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.
This is an appeal from an order of the United States District Court denying the motion of Eugene Cochran, petitioner-appellant, for vacation of sentence under Section 2255, Title 28, U.S.C. On March 16, 1964, the petitioner waived prosecution by indictment and pleaded guilty to an information charging him with transporting in interstate commerce a stolen automobile, in violation of Section 2312, Title 18, U.S.C. He was sentenced to imprisonment for five years.
Petitioner filed the motion to vacate on March 17, 1965, on the ground that the district judge accepted his plea of guilty without first determining that it was made voluntarily and with understanding of the nature of the charge, in accordance with Rule 11 of the F.R.Cr.P. It is not alleged in the motion that the plea was not voluntarily entered or that the petitioner did not understand the nature of the charge.
The district judge appointed a lawyer to represent the petitioner. The lawyer conferred with the petitioner and then appeared with him before the court. The lawyer advised the court that the petitioner wished to plead guilty. The judge then addressed the petitioner and said: "Is that true, Mr. Cochran, as your counsel states, that you want to change your plea from that of not guilty to guilty?" The petitioner answered: "Yes, sir." The judge inquired of the lawyer if he had explained the procedure being taken in the case and if he had advised him of his constitutional rights. The lawyer answered that he had. The court, after hearing a statement of the case, asked the petitioner if he had anything to say why the judgment of the court should not be pronounced. The petitioner stated that he had nothing to say and the court proceeded to pronounce sentence.
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United States v. Theodorou
...sufficient if the judge determines that the plea was voluntary, as supported by the record of the entire proceeding. Cochran v. United States, 365 F.2d 310 (6th Cir.1966). 6 He also contends that his parole will be delayed unjustly and that the presentence report was unfairly prejudicial. F......
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United States v. Youpee, 24722.
...the defendant's understanding of the charges against him and the consequences of his plea. See Munich, supra; Cochran v. United States, 365 F.2d 310, 312 (6th Cir. 1966); Smith v. United States, 339 F.2d 519, 527 (8th Cir. 1964). Presence of counsel is a factor, and the judge need not perso......
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Guthrie v. U.S.
...the defendant's understanding of the charges against him and the consequences of his plea. See Munich, supra ; Cochran v. United States, 365 F.2d 310, 312 (6th Cir. 1966); Smith v. United States, 339 F.2d 519, 527 (8th Cir. 1964). Presence of counsel is a factor, and the judge need not pers......