Reiff v. United States
| Citation | 299 F.2d 366 |
| Decision Date | 18 May 1962 |
| Docket Number | No. 17578.,17578. |
| Parties | Robert Miles REIFF, Appellant, v. UNITED STATES of America, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Robert Miles Reiff, in pro. per.
Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Jo Ann Dunne, Asst. U. S. Attys., Los Angeles, Cal., for appellee.
Before CHAMBERS and BARNES, Circuit Judges, and ROSS, District Judge.
This is an appeal from a judgment denying appellant's petition brought under Section 2255, Title 28 of the United States Code, after hearing was had in the district court on June 6th, 1961, at which petitioner was present.
Briefly, petitioner had alleged that his attorney had promised he would receive a suspended sentence or probation if he entered a plea of guilty; that his attorney had not made any effort on his behalf, particularly to obtain letters as to his character and background; and, that there had been an abortive and unsuccessful attempt to bribe someone. The court below found that no false promises had been made by the attorney to the petitioner; that the petitioner had been informed of the violation and penalties provided by law for the offenses committed; that he was not promised any special treatment, nor probation, nor a suspended sentence. The court further found that petitioner's attorney had made substantial efforts on his behalf; that more than a usual number of persons interested in the appellant's case were heard by the court; and, because the court below had heavily relied in fixing sentence upon the report of the probation officer, that report should be, and was filed, as a part of the record. The court refused to hear evidence on Paragraphs IV, V, VII, IX and X of the petition relating to petitioner's attorney's alleged request for money to bribe the sentencing judge; and that the judge knew of the actions of the attorney in requesting monies; all of which were denominated scurrilous matter upon which the court refused to hear evidence. We note that nowhere is it asserted that such funds, or any funds, were supplied or promised to the attorney for petitioner by anyone.
Petitioner originally plead guilty to four counts. The four count information charged him with interstate transportation of four separate forged securities. At no time to the present has petitioner denied his guilt, but to the contrary, has, at each opportunity, affirmed it. On his present appeal, without the citation of any case law or of any statutes other than the Section 2255 under which he moves, he urges as error the following:
First, that from February 21, 1961, until June 6, 1961, he was not granted a hearing in the court below on his petition. He had filed a second motion below, requesting that a judge other than the sentencing judge be assigned to hear his motion. This motion was denied by the Chief Judge of the District Court. His petition was then heard by the sentencing judge as the first order of business subsequent to the finish of an important criminal trial which had lasted several weeks.1 Without citing authorities, appellant urges that this "delay" violated his constitutional rights. We do not agree.
As Chief Judge Hall ruled below:
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