Sanders v. United States
Decision Date | 14 December 1961 |
Docket Number | No. 17375.,17375. |
Citation | 297 F.2d 735 |
Parties | Charles Edward SANDERS, Appellant, v. UNITED STATES of America, Respondent. |
Court | U.S. Court of Appeals — Ninth Circuit |
John J. Mullane, Jr., and Elvin Connolly, San Francisco, Cal., for appellant.
Cecil F. Poole, U. S. Atty., John Kaplan, Asst. U. S. Atty., and James F. Hewitt, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.
Charles Edward Sanders appeals from a district court order denying his motion, made under 28 U.S.C.A. § 2255, to set aside and vacate a judgment of conviction and sentence on a charge of bank robbery. 18 U.S.C.A. § 2113(a). The principal point urged on appeal is that the district court erred in failing to grant appellant a hearing before acting upon his motion.
On January 19, 1959, Sanders was brought before the district court, charged with a violation of 18 U.S.C.A. § 2113(a). The charged was explained to defendant and he was told that it constituted a felony for which he could be fined or imprisoned or both. A copy of the proposed information was handed to him. The court explained to defendant that he had a right to counsel and Sanders stated that he understood that he had that right but wished to waive it. It was also explained to Sanders that he could not be proceeded against except by indictment by the grand jury, unless he waived that right. Defendant stated that he understood that he had that right but waived his right to be proceeded against by indictment and consented to be proceeded against by information.
In response to questioning by the court, Sanders stated that he had freely and voluntarily decided to proceed in this fashion, and that no threats or promises had been made to induce him to take such action. He signed a waiver of indictment, the charge was read to him, and he stated that he understood the charge, Sanders then entered a plea of guilty.
On February 10, 1959, Sanders was brought before the court for sentencing. Upon being asked if there was anything he wished to say before sentence was pronounced, Sanders stated that, if possible, he would like to go to Spring-field or Lexington for addiction cure. "I have been using narcotics off and on for quite a while," he told the court. A fifteen year sentence was then pronounced.
Sanders did not appeal from the conviction and sentence. On January 4, 1960, however, appearing propria persona, he filed a motion under § 2255 to vacate and set aside his sentence. The grounds relied upon were that the indictment was invalid, he was denied adequate assistance of counsel, and that he was intimidated and coerced into entering a plea without counsel and without any knowledge of the charges against him.
Holding that the motion contained nothing but unsupported charges which were completely refuted by the files and records, the district court, on February 3, 1960, denied the motion without hearing. Sanders did not appeal.
Appellant, again appearing propria persona, filed the instant § 2255 motion on September 8, 1960. The single ground advanced in support of this second § 2255 motion was that:
"* * * at the time of trial and sentence the petitioner was mentally incompetent and was unable to cooperate intelligently in his defense; that his mental incompetency was the result of administration of...
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