Thomas v. United States

Citation290 F.2d 696
Decision Date23 May 1961
Docket NumberNo. 17203.,17203.
PartiesFrank THOMAS, Appellant, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Frank Thomas, in pro. per.

Charles P. Moriarty, U. S. Atty., and James F. McAteer, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before CHAMBERS, ORR and HAMLEY, Circuit Judges.

PER CURIAM.

In September, 1956, appellant Frank Thomas was indicted in the western district of Washington on a charge of receiving and concealing illegally imported narcotics. Appellant retained counsel and pleaded not guilty. However, during the trial in February, 1957, appellant withdrew his plea of not guilty after one-half day of trial and entered a plea of guilty. He was sentenced to ten years in the penitentiary. More than three years thereafter appellant filed with the District Court for the Western District of Washington a Motion to Vacate and Set Aside Sentence pursuant to 28 U.S. C. § 2255. The basis of the motion is that appellant was illegally searched on his own private property by state police officers who had no warrant and no probable cause for such a search; the search resulted in the finding of heroin and led to appellant's arrest and indictment. The motion was denied by the district court.

The trial court's action in denying the motion was not erroneous. By his plea of guilty appellant foreclosed his right to raise objections to the manner in which evidence upon which he was indicted was obtained. This evidence, because of his guilty plea, was not used against him. Had he stood trial his objection to its introduction, if made and overruled by the trial court, could have been raised on appeal. Under the circumstances he may not belatedly raise the contention under 28 U.S.C. § 2255. Eberhart v. United States, 9 Cir., 1958, 262 F.2d 421. Appellant was represented in the trial court by counsel of his own choosing. He changed his plea from not guilty to guilty, it must be presumed, with full knowledge of the facts and of the consequences thereof because of his representation by counsel. As a matter of fact appellant had two attorneys representing him at the time he changed his plea. When a defendant voluntarily and knowingly pleads guilty at his trial this constitutes a waiver of all nonjurisdictional defenses, including the defenses raised by this motion. Hall v. United States, 8 Cir., 1958, 259 F.2d 430; Edwards v. United States, 1955, 103 U.S.App.D.C. 152, 256 F.2d 707; Berg v. United States, 9 Cir....

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  • Norris v. Wilson
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 23, 1967
    ...Randall v. United States, 314 F.2d 800 (10th Cir. 1963); Bailey v. United States, 312 F.2d 679 (10th Cir. 1963); Thomas v. United States, 290 F. 2d 696, 697 (9th Cir. 1961); Watts v. United States, 107 U.S.App.D.C. 367, 278 F.2d 247 (1960); United States v. French, 274 F.2d 297 (7th Cir. 19......
  • United States v. Cox
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • July 18, 1972
    ...See, Hughes v. United States, 371 F.2d 694 (8th Cir. 1967); Hoffman v. United States, 327 F.2d 489 (9th Cir. 1964); Thomas v. United States, 290 F.2d 696 (9th Cir. 1961), cert. den. 368 U.S. 964, 82 S.Ct. 446, 7 L.Ed.2d 401 It would appear, therefore, that the Haynes rule is of limited appl......
  • United States v. De Vaughn
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    • U.S. Court of Appeals — Tenth Circuit
    • August 31, 2012
    ...vires in enacting” the statute under which he was prosecuted). 6. Other circuits used similar wording. See, e.g., Thomas v. United States, 290 F.2d 696, 697 (9th Cir.1961) (“When a defendant voluntarily and knowingly pleads guilty at his trial this constitutes a waiver of all nonjurisdictio......
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    • October 29, 1974
    ...no jurisdiction over Powell in the adult criminal court. We also quoted from a prior holding of this court, Thomas v. United States, 290 F.2d 696, 697 (9th Cir. 1961) that: "When a defendant voluntarily and knowingly pleads guilty at his trial this constitutes a waiver of all nonjurisdictio......
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