United States v. Hoyland

• Decision Date: 30 March 1959
• Docket Number: No. 12320.,12320.
• Citation: 264 F.2d 346
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. James Alva HOYLAND, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

264 F.2d 346 (1959)

UNITED STATES of America, Plaintiff-Appellee, v. James Alva HOYLAND, Defendant-Appellant.

No. 12320.

United States Court of Appeals Seventh Circuit.

February 20, 1959.

Petition for Rehearing Denied March 30, 1959.

Lawrence A. Coles, Jr., Chicago, Ill., James Alva Hoyland, Alcatraz, Cal., for appellant.

Robert Tieken, U. S. Atty., Charles R. Purcell, Jr., Asst. U. S. Atty., Chicago, Ill., for appellee. John Peter Lulinski, Albert F. Manion, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before DUFFY, Chief Judge, and MAJOR and PARKINSON, Circuit Judges.

Petition for Rehearing En Banc Denied March 30, 1959.

MAJOR, Circuit Judge.

This case is here on appeal from an order of the district court entered March 13, 1958, denying, after hearing, defendant's motion, filed pursuant to Title 28 U.S.C.A. § 2255, to vacate a judgment entered July 5, 1951, on defendant's plea of guilty, by which defendant was and presently is incarcerated in the penitentiary. The motion to vacate was heard by District Judge Philip L. Sullivan, the same judge who previously had entered the judgment of conviction.

The indictment to which defendant entered a plea of guilty, so far as here pertinent, charged defendant and other named persons¹ with violating Title 18 U.S.C.A. § 2113 (sometimes called the Federal Bank Robbery Act), in that they did by force, violence and intimidation take from named persons certain described property which was in the care, custody, control, management and possession of the South Chicago Savings Bank, a member of the Federal Reserve System and a bank whose deposits were insured by the Federal Deposit Insurance Corporation.

Defendant in this court advances three contentions: (1) that the finding of the district court that defendant's plea of guilty was not coerced is clearly erroneous; (2) that the prosecution and conviction of defendant in a Federal court, after his prosecution and entry of a plea of guilty in a State court to the same or similar offense, violates either the "Double Jeopardy" or the "Due Process" clause of the Fifth Amendment to the Federal Constitution; (3) that the court erred in denying defendant's request to adduce evidence which it is claimed would show an absence of jurisdictional facts alleged in the indictment.

In the beginning, we think it appropriate to note that defendant is represented by Mr. Lawrence A. Coles, Jr., court-appointed counsel, who has made an excellent presentation both in written brief and on two oral arguments.² This court is appreciative of his valuable services.

On motion to vacate, defendant testified in great detail in support of the contention that his plea of guilty resulting in the judgment under attack was coerced or induced by promises of leniency. The court was quite liberal in its rulings and defendant's testimony encompassed a wide range. The crime charged in the indictment was alleged to have been committed on June 25, 1949. On July 28 of the same year, defendant was arrested by State officials and shortly thereafter confessed his participation in the bank robbery. On January 11, 1950, defendant entered a plea of guilty in the State Court of Cook County, Illinois. No judgment was entered upon that plea either then or subsequently. Defendant testified in the State court as a government witness against two of his co-defendants, who were acquitted. On July 11, 1950, defendant testified before the Federal Grand Jury, which returned an indictment charging defendant, Joseph Jakalski and Richard Tamborski with the crime of bank robbery. On November 21, 1950, defendant was arraigned in the district court and entered a plea of guilty. On July 5, 1951, the judgment now sought to be vacated was entered. In the meantime, defendant, on January 25, 1951, testified as a government witness against Jakalski and, on June 8, 1951, likewise testified against Tamborski, both of whom were convicted in the district court. These cases were also heard by Judge Sullivan.

Defendant was in the custody and control of State officials from the time of his arrest until entry of the judgment now under attack, except for brief periods when he appeared in the Federal court in connection with the matters set forth. Defendant testified in great detail relative to cruel and inhuman treatment which he received at the hands of Illinois officials, covering a period of two or three days, which he claims resulted in his confession. This testimony, while admitted over objection by the government, was not denied. In this connection it is pertinent to note that defendant was interviewed by agents for the Federal Bureau of Investigation prior to the time of his interrogation by State officials but it is not claimed that they or any other Federal officials took any part in the activities which resulted in the alleged coerced confession.

The district court in the instant proceeding made detailed findings of fact which completely refute the contention that defendant's plea of guilty was the result of coercion or any improper promises or conduct on the part of governmental officials. We are convinced from a careful examination of the record that such findings are amply supported. Reference to the more salient portions thereof will suffice for our present purpose. Relative to defendant's testimony before the Grand Jury, the court found that he was advised by an Assistant United States Attorney that he was under no compulsion to testify; that he must make his own decision as to whether or not he would, and that if he testified anything he said would be a matter of record against him; that it was not the intention of the United States Attorney to ask for the maximum penalty for witnesses who testified truthfully for the government but that the United States Attorney could make no additional or further commitments, and specifically could not or would not attempt to bind the court as to the type or nature of the sentence to be imposed, and that defendant, having received such advice, stated that he understood and was then and there willing to testify and tell the truth regarding the violation subsequently charged in the indictment, to which he entered a plea of guilty.

The court found that defendant, after entering his plea of guilty, appeared as a witness on January 25, 1951, on behalf of the United States against his co-defendant Jakalski (this was more than eighteen months after the alleged coercive confession obtained by State officials), and testified that he was guilty of the offense charged in the indictment and that no threat or promise had been made to induce his testimony; that the only consideration offered for his testimony was the representation that the United States Attorney would not seek the imposition of a death penalty as to him if he appeared and testified truthfully. Further, the court found that defendant appeared as a witness on behalf of the United States on June 8, 1951, against another co-defendant, Tamborski (this was almost two years after his alleged coercive confession to State officials), and testified that he was guilty of the offense charged in the indictment; that he had previously pleaded guilty to such indictment with the advice of counsel, fully understanding the consequences of such plea, and that the United States Attorney had represented to him only that it was the policy of the Department of Justice not to ask for a death penalty if he testified truthfully and that he was under no compulsion to testify. In addition to these findings, the record discloses that defendant testified on the occasion of these trials against his co-defendants that his confession made to State officials was not obtained by coercion, compulsion or duress; that he was aware of the penalty for the offense with which he was charged, and that he knew that the prosecutor could not guarantee the penalty which the court might impose upon a plea of guilty.

In the posture of the case as presented, we need not be concerned whether there is a constitutional basis for the rejection in a Federal court of a coercive confession obtained by State court officials. That question could arise only if defendant had stood trial and the government had sought the introduction of such confession against him. At any rate, we know of no authority in support of the contention that the question can be raised in a proceeding to vacate a judgment predicated upon a voluntary plea of guilty. To hold otherwise would make it risky for a court to enter a judgment upon a plea of guilty, even though the defendant was fully advised of his constitutional rights and represented at the time by competent counsel. Every judgment would be subject to collateral attack, based upon the state of mind of the defendant, unknown either to the court or to defendant's own counsel.

Assuming, however, contrary to what we think, that the alleged coercive confession obtained by State officials was a material factor in the instant proceeding, there is no basis for a finding that it was improperly obtained. True, defendant so testified, but the court could hardly have done otherwise than reject such testimony in view of the fact that the same judge, as above noted, had heard defendant testify against his co-defendants directly to the contrary on two separate occasions.

This brings us to the circumstances which more directly relate to the judgment sought to be vacated. At the time of defendant's arraignment, on November 21, 1950, when he entered a plea of guilty, as well as on July 5, 1951, when the court pronounced sentence, defendant was represented by Allan R. Bloch, an able and experienced lawyer. On the former occasion, the court fully advised defendant of his rights and informed him of the possible penalties. A part of the record in this respect is as follows:

"The Court: I probably should have warned him, and I will do that now. You understand that you are not obliged to plead guilty?

"Defendant Hoyland:

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