Richardson v. United States, 4483.
| Decision Date | 08 October 1952 |
| Docket Number | No. 4483.,4483. |
| Citation | 199 F.2d 333 |
| Parties | RICHARDSON v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Clayton D. Knowles, Denver, Colo., for appellant.
Edwin Langley, U. S. Atty., Muskogee, Okl. (Roger K. Allen, Asst. U. S. Atty., Stilwell, Okl., on the brief), for the United States.
Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.
This is an appeal from an order denying a motion to vacate a judgment and sentence.
An information containing two counts was filed against Richardson in the United States District Court for the Eastern District of Oklahoma. The first count charged Richardson with producing and engaging in the production of marihuana without having paid the special tax required by law. The second count charged Richardson with acquiring marihuana without having paid the transfer tax required by law. On October 19, 1951, Richardson was taken before the court. The United States Attorney advised the court that Richardson had signified his desire to waive indictment and plead to an information. The court carefully explained to Richardson his constitutional right to counsel to assist him and further advised him if he was unable to employ counsel, the court would appoint counsel to represent him. Richardson advised the court that he did not desire counsel. The court then fully advised Richardson of his constitutional right not to be prosecuted, except upon an indictment returned by a grand jury, and stated that a grand jury would convene on October 29, 1951. The court further advised him as to the difference in the procedure where a matter is submitted to a grand jury and where the defendant waives indictment by a grand jury and consents to be charged by information. Richardson unqualifiedly signified his desire to be charged by information. The court then made clear to Richardson the offenses with which he was to be charged and Richardson clearly indicated he understood the charges. Richardson then filed a written waiver in open court in which he waived indictment and consented to be charged by information. The information was then filed. The court explained to Richardson the effect of a plea of guilty and the effect of a plea of not guilty, and thereupon Richardson entered a plea of guilty to both counts of the information. The matter was continued for a presentence report and on October 29, 1951, Richardson was sentenced to the custody of the Attorney General for a period of four years on each count, the two sentences to run concurrently.
In his motion to vacate, Richardson set up that he was not guilty of the offenses charged in the information; that the confession which he made to the Assistant County Attorney of Muskogee County, Oklahoma, was false; that his plea of guilty was entered upon a misapprehension of facts and at the instigation of the Narcotic Agents and the Assistant County Attorney; that marihuana was obtained by the officers through an illegal search and seizure; and that he admitted to the Assistant County Attorney that the marihuana belonged to him in order to obtain the release of his mother and uncle from custody.
Richardson was personally present at the hearing on the motion to vacate. The trial court refused to appoint counsel to represent Richardson at the hearing...
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