Dodd v. United States, 4415

Decision Date09 June 1952
Docket NumberNo. 4415,4416.,4415
Citation196 F.2d 190
PartiesDODD v. UNITED STATES. LOVE v. UNITED STATES.
CourtU.S. Court of Appeals — Tenth Circuit

Richard H. Duke, Denver, Colo., for appellant Dodd.

Walter Love, pro se.

Eugene Davis, Asst. U. S. Atty., Topeka, Kan. (Lester Luther, U. S. Atty., Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

Writ of Certiorari Denied June 9, 1952. See 72 S.Ct. 1084.

PER CURIAM.

Harry Lee Dodd and Walter Love each filed a motion to vacate the judgment and sentence under which he is now confined, alleging insanity at the time of conviction and sentence and the violation of constitutional rights as grounds for release. These appeals are from orders denying the motions.

The appellants were indicted on eight counts in the United States District Court of Kansas. The first seven counts under Section 2314, Title 18 U.S.C.A., charged interstate transportation of falsely made and forged checks. The eighth charged an attempt to escape from federal custody, in violation of Section 751, 18 U.S. C.A. When on February 7, 1951, appellants appeared before the sentencing court, and before pleading to the indictment, the court entered an order under Section 4244, 18 U.S.C.A., committing each of them to the Federal Medical Center at Springfield, Missouri, for examination and report on their mental capacity.

The neuropsychiatric evaluation submitted to the sentencing court by the Senior Assistant Surgeon and Acting Chief Psychiatrist of the Medical Center, classed each of the appellants as psychopathic personalities with pathological homosexuality. The report included the observation that as to Dodd, there was no "evidence of psychosis or insanity. Patient is completely competent, knows right from wrong, is able to defend himself and to accept the advice of counsel"; and, that Love presented a "classical picture of a psychopathic personality who is unable to adjust or benefit from experience, yet he must be considered mentally competent and legally sane, and able to understand the charges against him and to cooperate with counsel."

When appellants were brought before the sentencing court for arraignment they declined proffered counsel, but asked for a jury trial. The court nevertheless appointed counsel to assist them, and then advised appellants of the conclusions of the Medical Center's psychiatric reports. Later in the day, and after conferences with their counsel, appellants advised the court that they desired to enter a plea of guilty to the first five counts. The first five counts of the indictment were thereupon read in open court, and each of the appellants, for himself, entered his plea of guilty thereto. The remaining counts were dismissed upon motion of the Government. The court then specifically inquired of each appellant if he had any reason to urge why judgment and sentence should not then be pronounced, and each answered in the negative. Thereupon each appellant was sentenced for a term of ten years imprisonment, and were fined $5,000 on each of the five counts.

By the court's acceptance of the pleas...

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10 cases
  • Pope v. United States
    • United States
    • U.S. District Court — Western District of Texas
    • October 31, 1967
    ...1965); Hill v. United States, 223 F.2d 699 (6th Cir. 1955), cert. denied, 350 U.S. 867, 76 S.Ct. 113, 100 L.Ed. 768; Dodd v. United States, 196 F.2d 190 (10th Cir. 1952), cert. denied, 343 U.S. 987, 72 S.Ct. 1084, 96 L. Ed. 1374. Generally the admission of a confession at a plenary trial is......
  • Floyd v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 2, 1966
    ...be subject to being raised by a motion under 28 USCA § 2255." Accord. Stone v. United States, supra. To the extent that Dodd v. United States, 10 Cir., 1952, 196 F.2d 190, cert. denied, 343 U.S. 987, 72 S.Ct. 1084, 96 L.Ed. 1374, relied on by the Government in this case, is to the contrary ......
  • Massey v. Moore
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 10, 1953
    ...one convicted of crime while insane." 10 A.L.R. 213 and 121 A.L.R. 267, 270; Whelchel v. McDonald, 5 Cir., 176 F.2d 260; Dodd v. United States, 10 Cir., 196 F.2d 190. But the rule is otherwise in the Federal Court if the applicant has been adjudged insane. Ashley v. Pescor, 8 Cir., 147 F.2d......
  • Stone v. United States
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 11, 1966
    ...finding is not subject to collateral attack by habeas corpus or proceedings under Section 2255 of Title 28 U.S.Code. Dodd v. United States, 10 Cir., 1952, 196 F.2d 190, certiorari denied 343 U.S. 987, 72 S.Ct. 1084, 96 L.Ed. 1374; 10 Cir., 1954, 213 F.2d 854; 10 Cir., 1955, 222 F.2d 175; Ha......
  • Request a trial to view additional results

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