Padgett v. United States

• Decision Date: 28 December 1965
• Docket Number: Civ. No. 534.
• Citation: 252 F. Supp. 772
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: Eddie PADGETT, Petitioner, v. UNITED STATES of America, Respondent.

252 F. Supp. 772

Eddie PADGETT, Petitioner, v. UNITED STATES of America, Respondent.

Civ. No. 534.

United States District Court E. D. North Carolina, Elizabeth City Division.

December 28, 1965.

Eddie Padgett, pro se.

Robert H. Cowen, U. S. Atty., by John R. Hooten, Asst. U. S. Atty., for respondent.

LARKINS, District Judge:

SUMMARY

This cause comes before the Court upon petitions to vacate and set aside sentence, filed in forma pauperis and pursuant to Title 28 U.S.C.A. § 2255. Issues were joined upon respondent filing answer and moving for dismissal of the petitioner's motions.

In the first petition dated October 15, 1965, it is contended that petitioner is entitled to a hearing due to the fact that the Court, in sentencing petitioner stated, "as a special recommendation, the Court requests that the defendant be given psychiatric treatment and observation if necessary." Petitioner further insists he has not received any psychiatric care although the Court corresponded with the petitioner to the effect that he needed extensive personalized psychotherapy.

Under date of October 26, 1965 another motion to vacate was submitted. Numerous grounds are asserted in this second petition, all attacking the constitutionality of sentence:

(1) "* * * petitioner wishes to show the Court that the inditement sic is false and is not correct." To substantiate this contention, petitioner alleges that the parish in Louisiana from which it is stated the stolen automobile was transported in the indictment is false. Petitioner states that the authorities can not show the automobile was transported therefrom.

(2) "* * * that he plead sic guilty to such a inditement sic under pressure * * * and that his court appointed council sic refused to visit him in jail where he was confined."

(3) "* * * the petitioner was not tried in the district wherein the inditement sic shows the crime to have been comitted sic and also that the court cannot show this crime comitted sic according to the place the inditement sic charges."

(4) "Petitioner contends that no positive identification was made * * * at the time of his hearing and that there being no intent to commit a crime shown * * *."

(5) "* * * questioned without benefit of council sic upon his arrest in Mobile, Alabama * * *."

(6) "* * * the F.B.I. did break into his apartment where he and his family were living and arrested petitioner and did not have or could produce a search warrant * * *."

Under date of November 3, 1965 yet another petition was submitted by petitioner wherein he again restated his prior contentions. He alleged, in addition, the following:

(1) "* * * that the petitioner made a plea of guilty under pressure and with the understanding that he would be sent to a hospital, this understanding being presented to him by his attorney."

(2) "* * * the automobile described in the indictment was not stolen as accused in the indictment, but was purchased with a worthless check * *."

In addition, petitioner has filed "Response to: U. S. Attorney's Answer to Petitioner's Motion to Vacate & Set Aside Sentence." He states therein that although the Court directed a mental examination to be had, none was provided for petitioner. He further alleges that such an examination is vital to petitioner. He further states that the Court should have provided the examination of petitioner prior to passing sentence. (No facts are alleged to show the Court why petitioner's mental capacity to plead should be questioned.) He also states in this Response that although he was given the opportunity to change his plea from guilty to not guilty, he was actually afraid to do so because the United States Attorney also threatened to prosecute petitioner's wife if the guilty plea was withdrawn.

FINDINGS OF FACT

Petitioner came on for arraignment and plea on May 24, 1965 and he was sentenced on May 26, 1965. Petitioner and his wife were both indicted for the interstate transportation of a stolen motor vehicle, in violation of Title 18 U.S. C.A. § 2312. The indictment charged petitioner and his wife with transporting the described Rambler automobile from Baton Rouge, Louisiana to Elizabeth City, North Carolina, knowing the same to be stolen.

An attorney was appointed to represent the petitioner and his wife, Nelia Brunfield Padgett. Petitioner entered a plea of guilty, and his wife, Mrs. Padgett, entered a plea of not guilty. Prior to entering the pleas, petitioner and his wife, as co-defendant, conferred with the court-appointed attorney and with each other. The indictment was also read to them, with a copy of it given to petitioner. Also, the maximum penalties provided by law were explained to petitioner. After this procedure, petitioner stated in open court that he understood the offense charged and the maximum possible sentence he might receive. At this time, he also expressed satisfaction with the services and advice given him by his attorney.

Petitioner further advised the Court that he made his plea of guilty freely and voluntarily and without the influence of inducements or promises, and free from coercive influences or other considerations. The plea of guilty was then accepted by the Court, and a motion to dismiss the indictment as to Mrs. Padgett was allowed, the motion to dismiss was not resisted by the United States Attorney.

The United States Attorney then proceeded into the presentation of evidence, and he submitted the evidence in a manner based upon petitioner's plea of guilty. Petitioner was given the opportunity to address the Court, and he made statements concerning the condition of his various bank accounts. In response to these statements the Court continued prayer for judgment until the following day, May 25, 1965. This was done in order to verify or disprove these statements of petitioner concerning his financial condition and the bank accounts.

On the morning of May 25, 1965, evidence was again presented by the United States and by the petitioner. Prayer for judgment was again continued to May 26, 1965. This continuance was granted upon the request of petitioner.

Petitioner was afforded the opportunity to withdraw his plea of guilty if he so desired. If he did change his plea, however, the United States Attorney advised him that it would be necessary to proceed to trial against both the defendants upon the indictment as it was originally drawn. He was advised that both petitioner and his wife would have to be tried together.

Petitioner stated that it was his intention and desire to maintain his guilty plea. Then, and only after petitioner stated his intentions, did the Court proceed to judgment.

On May 26, 1965, in Case No. 2254—Criminal Elizabeth City Division, petitioner was sentenced to a period of imprisonment in the Federal Prison System of three (3) years. He is now incarcerated in the Federal Penitentiary, Atlanta, Georgia.

On July 29, 1965, this Court received a Psychological Report from the United States Penitentiary, Atlanta, Georgia, as requested in the judgment of May 26, 1965. After inquiries were made by petitioner to the Court concerning such psychological reports and treatment, the Court advised petitioner on October 1, 1965 that this report had been received. He was also advised as to its contents by this same letter from the Court. It is this letter of October 1, 1965, to which petitioner makes reference in his first motion to vacate sentence under date of October 15, 1965.

CONCLUSIONS OF LAW

Before attempting to delve into the effect of every allegation made by petitioner, the Court notes that it is generally recognized that any irregularities which may have occurred prior to the time he made his plea of guilty may be considered waived. That is, of course, if it appears that the guilty plea was intelligently and voluntarily made. See Cerniglia v. United States, 230 F.Supp. 932 (N.D.Ill.1964); Dixon...