Richardson v. United States, 15110.
Decision Date | 21 December 1954 |
Docket Number | No. 15110.,15110. |
Citation | 217 F.2d 696 |
Parties | Jake RICHARDSON, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Jake Richardson, pro se.
Edward L. Scheufler, U. S. Atty., Kansas City, Mo., and Joseph L. Flynn, Asst. U. S. Atty., St. Joseph, Mo., for appellee.
Before GARDNER, Chief Judge, and COLLET and VAN OOSTERHOUT, Circuit Judges.
This is an appeal from an order denying motion of defendant (appellant), made pursuant to section 2255, Title 28 United States Code, to vacate sentence, motion of defendant to withdraw plea of guilty, motion for habeas corpus ad testificandum and writ of attachment, and supplements thereto, and motion for reconsideration of each of said motions.
The defendant in his brief makes the following points:
The defendant was arrested on March 16, 1953, without a warrant by narcotic agents. On March 17, 1953, a complaint was filed, a warrant was issued, and the defendant was arrested thereunder and brought before the United States Commissioner. On March 20, 1953, defendant appeared in open court with Kenneth Simon, a competent attorney, appearing for him. After due explanation by the court, he waived indictment in writing, and an information in three counts was filed charging defendant with three separate sales of heroin, in violation of section 2554(a), Title 26 United States Code. Defendant through his counsel waived reading of the information. The Government attorney made an explanation of the charges. Thereupon, the following discussion took place (Tr. 65-66):
Before sentence the defendant's attorney made a statement to the court in mitigation of the offenses. The statement shows his familiarity with the involved offenses and the defendant's record. The defendant, upon his plea of guilty, was sentenced to two years imprisonment on each count, the sentences on counts 1 and 2 to run consecutively, and the sentence on count 3 to run concurrently with the sentence on count 2.
Complaint is made about the March 16 arrest by the narcotic agents. The arrest was made in Missouri, and under Missouri law a private person may make an arrest on showing of actual commission of a felony and reasonable grounds to suspect the accused. No attack was made on this arrest in the original case, and consequently no record has been made thereon. In view of the plea of guilty to this offense, it is extremely likely that the arrest was lawful. In any event, the defendant was lawfully arrested the following day under a proper warrant.
Defendant likewise complains of a one-day delay in taking him before a magistrate, and alleged efforts of officers to coerce a confession...
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