Deaton v. United States
Decision Date | 29 June 1973 |
Docket Number | No. 73-1249.,73-1249. |
Citation | 480 F.2d 1015 |
Parties | James Delmore DEATON, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
James D. Deaton, pro se.
W. H. Dillahunty, U.S. Atty., and John F. Forster, Asst. U.S. Atty., Little Rock, Ark., for appellee.
Before CLARK,* Associate Justice; HEANEY and BRIGHT, Circuit Judges.
James Delmore Deaton filed a petition with the district court to vacate a conviction entered on an alleged coerced guilty plea 21 years earlier. Chief Judge Smith Henley denied relief and Deaton brought this appeal. We affirm.
The late Judge Thomas C. Trimble sentenced Deaton in 1951, under provisions of the Federal Juvenile Delinquency Act,1 18 U.S.C. § 5031 et seq., to a term of imprisonment for three years. Deaton, then 17 years of age, was represented by court-appointed counsel. Deaton was paroled in a year but within two weeks was again arrested and charged with armed robbery. He has since pursued a career of crime and has been convicted on several occasions and sentenced to imprisonment for a number of years.
In an affidavit attached to his petition, Deaton states:
All principal witnesses to the events here in question except Deaton are now dead, i. e., Judge Trimble, the prosecutor, the defendant's attorney, the probation officer, and the court reporter.
The district court considered Deaton's belated petition as one seeking coram nobis relief. The court recognized that adverse consequences flow from this early conviction notwithstanding that the sentence had been served. It noted, however, that a hearing would not be helpful since one might assume that Deaton would testify in conformity with his statements made and attached to his petition, and that no witnesses would be available to the government. The court concluded that in light of the lapse of time and absence of protest over 21 years, petitioner's word was insufficient to require the extraordinary relief of coram nobis.
The record negates allegations of coercion in Deaton's plea. On November 5, 1951, the date of sentencing, the petitioner signed a...
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