Crowe v. United States
| Decision Date | 21 July 1949 |
| Docket Number | No. 5918.,5918. |
| Citation | 175 F.2d 799 |
| Parties | CROWE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Casper Crowe, pro se.
Thomas A. Uzzell, Jr., U. S. Attorney, Asheville, N. C., for appellee.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
In May 1947 Casper Crowe pleaded guilty in the court below to indictments charging bank robbery and violation of the Federal Firearms Act, 15 U.S.C.A. § 901 et seq., the National Stolen Property Act, 18 U.S.C.A. § 413 et seq., now § 2311 et seq., and the National Motor Vehicle Theft Act 18 U.S.C.A. 408 now § 2311 et seq.. He was sentenced to a term of twenty-five years imprisonment and was confined in the Federal Penitentiary at Atlanta, Ga. He was represented at the time by three lawyers whom he or his family had employed; and a careful examination of the record of the proceedings shows that his rights were fully protected.
In April 1948 Crowe filed a petition for habeas corpus with the court below asserting that the sentence under which he was imprisoned was void because the proceedings against him had been conducted in violation of his constitutional rights. The petition for habeas corpus was properly denied as the petitioner was not present within the District. On his appeal to this court, however, we pointed out that, if there had been any denial of petitioner's rights, his petition for habeas corpus should have been treated as a petition for relief by writ of error coram nobis, and we accordingly examined the record of the proceedings in the cause as though such petition had been filed and held that there was nothing to justify the court in entertaining such a petition. We found that "at the time petitioner pleaded guilty and was sentenced he was represented by an experienced and able member of the bar and that his rights were fully protected." Crowe v. United States, 4 Cir., 169 F.2d 1022, 1023.
On March 9, 1949, Crowe filed in the court below a motion under 28 U.S.C.A. § 2255, to vacate the sentence against him on the ground that he had been tricked by one of his attorneys, that the United States Attorney had promised him a light sentence if he would plead guilty and that agents of the Federal Bureau of Investigation had made threats and promises to induce him to plead guilty. The trial judge thereupon investigated the charges contained in the motion and found that they were untrue. He examined under oath the United States Attorney, the attorney for Crowe, whom the latter had charged with trickery, and all of the agents of the F. B. I. who had any connection with the case. We have read their evidence and think that the findings of the judge were clearly correct and that the motion was properly denied as groundless. In addition to this, the matters set forth by the motion as grounds for relief were matters which could have been raised in the proceedings in which the sentence was imposed; and the petitioner, who was represented by two attorneys in...
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