U.S. v. Runck, 78-1850
| Decision Date | 21 August 1979 |
| Docket Number | No. 78-1850,78-1850 |
| Citation | 601 F.2d 968 |
| Parties | UNITED STATES of America, Appellee, v. Clayton RUNCK, Jr., Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before GIBSON, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.
This appeal presents another illustration of the pitfalls and problems arising from plea bargaining. Aside from any philosophical questions one might have about the effect of plea bargaining in the administration of criminal justice, it is essential that strict adherence to the safeguards articulated by this court in United States v. Gallington, 488 F.2d 637, 640 (8th Cir. 1974), be observed.
Clayton Runck appeals from the denial of his motion for correction or reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure, or, in the alternative, to have the sentence and plea negotiations vacated and the pleas of guilty withdrawn under Rules 32 and 11 of the Federal Rules of Criminal Procedure. Appellant argues that the sentence imposed on him violated the terms of the plea negotiation and were otherwise invalid as discussed in this opinion. For the reasons hereinafter expressed, we reverse his conviction and remand for resentencing in accordance with this opinion.
Runck pled guilty to two informations charging mail fraud in violation of 18 U.S.C. § 1341. In the first fraud, Runck created the false appearance of a sale to a dying employee in order to obtain a purchase money loan. Runck then procured life insurance on the life of the employee, with himself as the beneficiary, in order to secure repayment of the loan. Since Runck had made the imaginary sale to a person who was dying and shortly thereafter died, he collected the life insurance proceeds of $25,000. The second information also involved insurance fraud. Runck and an associate bought sunflower seeds for approximately $7,000, but insured them for $109,000. After fire destroyed the seeds, the insurance company paid approximately $87,400 to settle the loss. Runck and his partner in this fraud split the fraudulent gain.
The plea negotiations provided for Runck to receive a sentence of no more than three years' imprisonment and a $1,000 fine on each count, the prison terms to run concurrently. The negotiation also provided that the pleas of guilty to the two informations would preclude for practical purposes prosecution for a whole list of potential charges against Runck.
Pursuant to the plea bargain, Runck pled guilty to the two informations on April 17, 1978. On June 26, 1978, the District Court imposed sentence. It sentenced Runck to two and one-half years' imprisonment and a $1,000 fine on the first information. On the second information, relating to the insurance proceeds from the pyric destruction of the sunflower seeds, the court ordered payment of a fine of $1,000, suspended the imposition of sentence, and placed Runck on probation for three years, which sentence was to be served concurrently with that imposed on the first information. The court also ordered that "a condition of probation is that defendant make restitution as directed by the probation office."
The issue before this court is whether the sentence imposed is in conformity with the negotiated plea agreement. Runck argues that the District Court violated Rule 11 because, although it accepted his guilty pleas, it did not embody in the judgment and sentence on the second information the disposition provided for in the plea agreement. 1 In particular he argues that...
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