Scott v. United States
Decision Date | 13 August 1965 |
Docket Number | No. 16014.,16014. |
Citation | 349 F.2d 641 |
Parties | Bert L. SCOTT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Clement J. DeMichelis, Cincinnati, Ohio (McCaslin, Imbus & McCaslin, Cincinnati, Ohio, on the brief), for appellant.
William A. McTighe, Jr., Asst. U. S. Atty., Memphis, Tenn., Herbert J. Miller, Jr., Asst. Atty. Gen., Crim. Div., Dept. of Justice (Thomas L. Robinson, U. S. Atty., Memphis, Tenn., on the brief), for appellee.
Before WEICK, Chief Judge, and O'SULLIVAN and EDWARDS, Circuit Judges.
This appeal concerns motions filed by appellant under Title 28 U.S.C. § 2255, to vacate two sentences totaling thirty years of imprisonment. The motions were denied without hearing by the United States District Judge who had administered the sentences.
Petitioner alleges that his pleas of guilty to the two indictments for bank robbery were induced by a promise of a sentence of no more than ten years for three such offenses. He claims the promise was made by a Mississippi sheriff — now deceased — in the presence of and with the acquiescence of several federal officers.
Although his original pleading was in fairly general terms, on answers to interrogatories filed by the government, his allegations concerning the claims referred to are now specific as to time, place, language and people present. Cf. Olive v. United States, 327 F.2d 646 (C. A. 6, 1964).
In turn, the government has filed affidavits from the federal officers who were concerned with the case which squarely deny the promise alleged by appellant.
Without noticing the matter for hearing or taking any testimony, the United States District Judge denied the motions. To do so it appears to us that he must have taken the government affidavits into account.
Section 2255 provides in part as follows:
It is clear, of course, that a plea of guilty induced by a promise of lenient treatment is an involuntary plea and hence void. Shelton v. United States, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579 (1958), reversing, 5 Cir., 246 F.2d 571.
Under the holding of the United States Supreme Court in Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962), the affidavits filed by the United States cannot be regarded as conclusive. As was stated in Machibroda:
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