La Fever v. United States
| Decision Date | 04 September 1958 |
| Docket Number | No. 12119.,12119. |
| Citation | 257 F.2d 271 |
| Parties | Harry LA FEVER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Herbert B. Olfson, Chicago, Ill., for appellant.
Don A. Tabbert, U. S. Atty., James L. Miller, Asst. U. S. Atty., Indianapolis, Ind., Jack C. Brown, U. S. Atty., Indianapolis, Ind., for appellee.
Before DUFFY, Chief Judge, and FINNEGAN and HASTINGS, Circuit Judges.
The action of the district court, July 31, 1957, denying petitioner-appellant's motion under 28 U.S.C. § 2255, to vacate and set aside the alleged illegal judgment of conviction and sentence is here on appeal. There were four specific counts in two separate indictments, returned December 14, 1955, charging petitioner-appellant with violating 18 U.S.C. § 2314 by aiding, abetting, counseling, commanding and procuring certain named individuals to transport in interstate commerce, from the State of Indiana to the State of Ohio, certain falsely made, forged, altered, and counterfeited checks, each payable to one Howard Wheeler. Each check was drawn against the Cleveland Trust Company Terminal Office, Cleveland, Ohio, account of the New York, Chicago and St. Louis Railroad Company. The same district judge who sentenced petitioner on his (LaFever's) plea of guilty to these counts sustained respondent Government's motion to dismiss appellant's § 2255 petition without a hearing, and this appeal followed.
Section 2255, provides in part relevant, here: "Unless the motion and the files and records of the case conclusively show that prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto." Of course, a plea of guilty, while admitting all non-jurisdictional facts contained in the indictment cannot be taken as an admission or waiver of jurisdictional facts. Martyn v. United States, 8 Cir., 1949, 176 F. 2d 609.
In his pro se pleadings below petitioner alleged, in substance, that, at common law "there is no `forgery' where an individual presents himself to a person cashing a check as `John Doe,' and proceeds to cash the instrument signing a `John Doe' name . . . . (petitioner) and "his co-defendants did sign `John Doe' names, such names being an alias and not purporting to represent any person other than that sic the co-defendants and the movant himself, it is urged that no crime of `forgery' existed * * * that in the presence of each person who cashed one of the aforementioned checks, the co-defendants represented ther sic selves to be the `John Doe,' and...
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Hall v. United States
...1940, 71 App.D.C. 394, 110 F.2d 556. Since the appearance of the annotation the `narrow rule' has been followed in LaFever v. United States, 7 Cir., 1958, 257 F.2d 271, as well as in Hubsch v. United States, 5 Cir., 1958, 256 F.2d 820, as to the count involving the check given at the hospit......
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United States v. Warden of Green Haven Prison, 65 Civ. 3266.
...in the indictment or information, thus eliminating the need for the prosecutor to prove guilt beyond a reasonable doubt. LaFever v. United States, 257 F.2d 271, 7 Cir., 1958; Bloombaum v. United States, 211 F.2d 944, 4 Cir., 1954. In short, a plea of guilty is an admission of the violation ......
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United States v. Seay, Crim. No. 74-57-E.
...327 F.Supp. 768 (D.Md.1970). There is a Seventh Circuit decision which has been cited as favoring the "narrow rule". LaFever v. United States, 257 F.2d 271 (7th Cir. 1958). That decision is not completely clear because there had been no hearing in the district court and the pro se petition ......
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United States v. Green, 66 Cr. 504.
...States, 256 F.2d 820, 821, 824, (5th Cir. 1958) (Only as to the check drawn on the Halifax District Hospital); see La Fever v. United States, 257 F.2d 271 (7th Cir. 1958) (Though a sufficient factual picture is not given); United States v. Greever, 116 F.Supp. 755, 756 (D.D.C.1953) (A suffi......