United States v. Caufield, 10896.
| Decision Date | 02 November 1953 |
| Docket Number | No. 10896.,10896. |
| Parties | UNITED STATES v. CAUFIELD. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Edward J. Caufield, in pro. per.
John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., Marks Alexander, Robert G. Heckenkamp, Robert B. Oxtoby, Asst. U. S. Attys., Springfield, Ill., for appellee.
Before DUFFY, LINDLEY and SWAIM, Circuit Judges.
The defendant appeals from an order of the district court entered May 6, 1953, denying his motion under 28 U.S.C.A. § 2255 to vacate the sentence and judgment imposed upon him by that court on May 7, 1952, and under which he is presently confined. That section in part provides: "Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto." As the district court denied the defendant's motion without granting a hearing, and made no findings of fact and conclusions of law, the order was proper only if "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief".
The defendant was charged in a complaint filed February 25, 1952, in the United States District Court for the Western District of Tennessee, Western Division, with a violation of 18 U.S.C. § 2314, prohibiting, among other things, the interstate transportation of a falsely made security. Arrested under the complaint at Peoria, Illinois, on the following April 7, the defendant appeared on the succeeding April 15 in the United States District Court for the Southern District of Illinois, Northern Division. At that time, as well as at all succeeding stages of the case, including imposition of sentence and judgment, he was represented by and had the assistance of counsel appointed by the district court to represent him.
Defendant was fully advised by the district judge of the proceedings against him pending in the United States District Court in Tennessee, that he had the right to waive indictment by a grand jury and consent to the filing of an information against him, and that he could so waive or not, as he chose. At the time the defendant personally stated in open court that it was his desire to waive indictment by a grand jury and to consent to the filing of an information against him, and thereafter he signed a written waiver of indictment and consent to proceedings against him by way of information. His counsel at the time stated in open court that the defendant was taking such action with his consent and approval.
On April 17, 1952, an information was filed against the defendant in the United States District Court for the Western District of Tennessee, Western Division, charging him with the interstate transportation of a falsely made security in violation of 18 U.S.C. § 2314. On April 23 the defendant signed and filed his consent, pursuant to Rule 20, Federal Rules of Criminal Procedure, 18 U.S.C., that the case against him be transferred for plea of guilty or nolo contendere, and sentence, from the United States District Court in Tennessee to the United States District Court in Illinois, which consent was duly approved by the respective United States Attorneys for each of such districts.
On April 28, 1952, certified copies of the information against defendant, of his waiver of indictment, and consent to transfer were filed in the United States District Court for the Southern District of Illinois, Northern Division. Hence, all subsequent proceedings in the case were in that court.
On May 7, 1952, the defendant was present, accompanied by his counsel, for arraignment before Judge Adair in the district court. He personally stated to the court that he had knowledge of the charge against him in the information, and that he had conferred with his counsel respecting it. Asked by the court as to what plea he was making to the information, the defendant responded, "Guilty, sir." The defendant further stated at the time that he had had the advice of his counsel in making his plea of guilty. Thereupon the court invited and heard statements concerning the case and the defendant from both the United States Attorney and from defendant's counsel. The court then imposed a sentence of three years imprisonment upon the defendant, which he acknowledged to the court by stating, "Thank you, sir."
On May 6, 1953, the defendant filed his motion in the district court to vacate and set aside this sentence and judgment. In his motion he contends that the falsely made security referred to in the information did not move in interstate commerce, and that hence there was no violation of 18 U.S.C. § 2314. In other words he asserts that the admissions of fact in that connection made by his plea of guilty, and which he made with the advice of his counsel, were erroneous.
The defendant admitted by his plea of guilty matters of...
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