United States v. Mathison, 12280.
Decision Date | 19 June 1958 |
Docket Number | No. 12280.,12280. |
Citation | 256 F.2d 803 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Raymond S. MATHISON, Defendant-Appellant. |
Court | U.S. Court of Appeals — Seventh Circuit |
Raymond S. Mathison, in pro. per.
Edward G. Minor, U. S. Atty., Milwaukee, Wis., for appellee.
Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.
Defendant-Appellant-Petitioner, hereinafter referred to as Mathison, was charged in a Five-Count Indictment with violation of the Mann Act, Title 18 U.S.C.A. § 2421. After a jury trial, he was convicted on Counts I, II and IV, but was acquitted on Counts III and V. On an appeal to this Court, the judgment insofar as it was based on Count I was reversed, but was affirmed as to Counts II and IV. United States v. Mathison, 7 Cir., 239 F.2d 358. In the District Court and on appeal to this Court, Mathison was represented by two experienced and reputable members of the Wisconsin bar of his own choosing.
On February 1, 1957, Mathison filed a motion under Title 28 U.S.C.A. § 2255 to vacate the sentence and judgment. This motion alleged, among other things, that "his conviction was obtained by circumvention and a contemporaneous contrivance between the United States Attorney and agents of the Federal Bureau of Investigation unlawfully, intentionally, knowingly, and falsely procured and used perjured testimony in obtaining the conviction in the case now before the bar." Mathison also complained that he was deprived of constitutional rights in obtaining witnesses due to his counsel's "apparent lack of knowledge of basic criminal procedure," and that his counsel failed to introduce evidence and had made a false statement to the Court.
Mathison likewise filed a petition for a writ of habeas corpus ad testificandum. He also asked for the appointment of counsel. Thereafter the District Court appointed an experienced trial lawyer, a member of the Milwaukee bar, to represent him in the prosecution of his motion to vacate. Court-appointed counsel carried on an extensive correspondence with Mathison and others, and made at least one trip to Marinette, Wisconsin, a distance of some 170 miles from Milwaukee. Subsequently, Mathison became dissatisfied with his court-appointed counsel, and filed a motion in the District Court asking that his counsel be discharged. Counsel thereupon petitioned the Court to be relieved of his assignment to represent defendant. The District Court denied Mathison's motion to dismiss counsel as well as his petition for a writ of habeas corpus ad testificandum. He granted the motion of counsel to be relieved of further representation of Mathison.
In an effort to advise Mathison of his rights, the Court gave him detailed information with reference to his original motion to vacate. The Court said, in part 159 F.Supp. 812:
Thereafter, Mathison filed an amended motion to vacate the sentence, a motion for a hearing thereon and a traverse to the Government's motion to dismiss. The District Court denied Mathison's motion for hearing, and denied his amended motion to vacate. The District Court's opinion may be found in 159 F. Supp. 811.
In this Court, Mathison was permitted to prosecute his appeal in forma pauperis. His request for the appointment of an attorney was denied. His failure to file an appendix as required by our rules was overlooked. Mathison did file a brief as well as a reply brief each of which was well prepared and complied completely with our rules. When this appeal was called for hearing, the Government waived oral argument, and the case was taken upon the briefs.
Mathison relies upon United States v. Hayman, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232. As h...
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