United States v. Karger, No. 7782.

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtALDRICH, , McENTEE and COFFIN, Circuit
Citation439 F.2d 1108
Decision Date29 March 1971
Docket NumberNo. 7782.
PartiesUNITED STATES of America, Appellee, v. Marvin T. KARGER, Appellant.

439 F.2d 1108 (1971)

UNITED STATES of America, Appellee,
v.
Marvin T. KARGER, Appellant.

No. 7782.

United States Court of Appeals, First Circuit.

March 29, 1971.


439 F.2d 1109

Mitchell Benjoya, Boston, Mass., with whom Joseph S. Oteri and Crane, Inker & Oteri, Boston, Mass., were on brief, for appellant.

Frederick W. Read, III, Atty., Dept. of Justice, with whom Sidney M. Glazer, Atty., and Edward F. Harrington, Sp. Atty., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal by the defendant following a plea of guilty to an indictment alleging eighteen separate violations of 18 U.S.C. § 2315. That section of the Criminal Code imposes a sentence of up to ten years imprisonment for knowingly pledging as collateral for a loan stolen securities of at least $500 in value, which have moved through interstate commerce. Defendant changed his plea to guilty after unsuccessfully raising in pre-trial motions the three issues he now raises on appeal. Before we consider the merits of these issues, we must first determine whether defendant's plea of guilty waived his right to appeal these decisions.

We have recently addressed ourselves to the issue of what claims are waived by a guilty plea. United States v. DeCosta, 435 F.2d 630, 632 (1st Cir. 1970); United States v. Webb, 433 F.2d 400, 403 (1st Cir. 1970). While we have indicated reluctance to hold that a guilty plea waives all claims, we have ruled that a guilty plea waives claims directly related to the determination of guilt or innocence, such as the privilege against self incrimination, the right to a jury trial, and the right to confront accusers. The three issues raised on this appeal either fall within this category of claims or are otherwise of no merit.

Defendant claims first that he was denied a preliminary hearing. After he was originally charged with the crimes to which he eventually pleaded guilty, the government moved for dismissal on the very day for which the hearing was scheduled and then proceeded against defendant by indictment. Defendant claims he was thus deprived of his right to a preliminary hearing, citing the cases of Blue v. United States, 119 U.S.App.D.C. 315, 342 F.2d 894 (1964), cert denied, 380 U.S. 944, 85 S.Ct. 1029, 13 L.Ed.2d 964 (1965); Ross v. Sirica, 127 U.S.App.D.C. 10, 380 F.2d 557 (1967). These cases, which as far as we know have not been followed in any other...

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17 practice notes
  • United States v. Anderson, No. 72-1069.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 26, 1973
    ...at this early state—and not the statutory purpose. Blue and Ross have not been followed in other circuits. Cf. United States v. Karger, 439 F.2d 1108 (1st Cir. 1971). Moreover, 18 U.S.C. § 3060 was enacted after both cases, and, we think, clarifies the statutory This language is reiterated ......
  • Tempo Trucking and Transfer Corp. v. Dickson, No. 75 C 1208.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 19, 1975
    ...States v. Hoffman, 385 F.2d 501, 504 (7th Cir. 1967), cert. denied 390 U.S. 1031, 88 S.Ct. 1424, 20 L.Ed.2d 288; United States v. Karger, 439 F.2d 1108, 1109 (1st Cir. 1971), cert. denied, 403 U.S. 919, 91 S.Ct. 2230, 29 L.Ed.2d 696. See generally, 8 Wigmore, Evidence, § 2279 (McNaughton re......
  • Riscard v. United States, Civ. No. 644-71.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • November 6, 1972
    ...F.2d 128; Torres Mejia v. United States (5 Cir. 1970), 430 F.2d 355 F. Supp. 678 1273. See also United States v. Karger (1 Cir. 1971), 439 F.2d 1108. Furthermore, the present case before us is not a case wherein the court deals with a statute under which the government could not prosecute t......
  • United States v. Johnson, No. 73-1146.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • December 20, 1973
    ...of the crime admitted. See McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); United States v. Karger, 439 F.2d 1108 (1st Cir. 1971). Pleading 488 F.2d 1210 guilty to a crime does not waive the privilege not to incriminate oneself at other times in other cri......
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17 cases
  • United States v. Anderson, No. 72-1069.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • June 26, 1973
    ...at this early state—and not the statutory purpose. Blue and Ross have not been followed in other circuits. Cf. United States v. Karger, 439 F.2d 1108 (1st Cir. 1971). Moreover, 18 U.S.C. § 3060 was enacted after both cases, and, we think, clarifies the statutory This language is reiterated ......
  • Tempo Trucking and Transfer Corp. v. Dickson, No. 75 C 1208.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 19, 1975
    ...States v. Hoffman, 385 F.2d 501, 504 (7th Cir. 1967), cert. denied 390 U.S. 1031, 88 S.Ct. 1424, 20 L.Ed.2d 288; United States v. Karger, 439 F.2d 1108, 1109 (1st Cir. 1971), cert. denied, 403 U.S. 919, 91 S.Ct. 2230, 29 L.Ed.2d 696. See generally, 8 Wigmore, Evidence, § 2279 (McNaughton re......
  • Riscard v. United States, Civ. No. 644-71.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • November 6, 1972
    ...F.2d 128; Torres Mejia v. United States (5 Cir. 1970), 430 F.2d 355 F. Supp. 678 1273. See also United States v. Karger (1 Cir. 1971), 439 F.2d 1108. Furthermore, the present case before us is not a case wherein the court deals with a statute under which the government could not prosecute t......
  • United States v. Johnson, No. 73-1146.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • December 20, 1973
    ...of the crime admitted. See McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); United States v. Karger, 439 F.2d 1108 (1st Cir. 1971). Pleading 488 F.2d 1210 guilty to a crime does not waive the privilege not to incriminate oneself at other times in other cri......
  • Request a trial to view additional results

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