United States v. Swaggerty, No. 11253.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | DUFFY, , and MAJOR and SWAIM, Circuit |
| Citation | 218 F.2d 875 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Billie Frield SWAGGERTY, Defendant-Appellant. |
| Docket Number | No. 11253. |
| Decision Date | 14 January 1955 |
218 F.2d 875 (1955)
UNITED STATES of America, Plaintiff-Appellee,
v.
Billie Frield SWAGGERTY, Defendant-Appellant.
No. 11253.
United States Court of Appeals, Seventh Circuit.
January 14, 1955.
Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellee.
Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.
SWAIM, Circuit Judge.
The defendant, Billie Frield Swaggerty, with others was indicted, No. 53-CR-6, for the theft and possession of an interstate shipment of bottled whiskey in violation of 18 U.S.C.A. § 659. The whiskey in question was being transported in a truck from Lawrenceburg, Indiana, to a city in Illinois. This indictment also charged the defendant and one other with the transportation in interstate commerce of a truck in which the whiskey was being transported, knowing the truck to have been stolen, all in violation of 18 U.S.C.A. § 2312. To this indictment the defendant appeared in person and by counsel, waived the reading of the indictment and entered a plea of not guilty.
A second indictment, No. 53-CR-440, filed several months later, alleged that the defendant, in violation of 18 U.S. C.A. § 1201, had transported in interstate commerce the driver of the truck who had been kidnapped when the truck was hijacked while it was en route from Indiana to Illinois.
On the day set for trial on these two indictments an attorney, Mr. Gannon, then appearing for the defendant, informed the court that the defendant desired to withdraw his pleas of not guilty and enter a plea of guilty to each of the indictments. The defendant personally told the court that what his attorney said was true. The court then informed the parties that the case would be continued for three days for the matter of sentence.
Prior to the announcement of the sentence the court received a letter from the defendant which stated: "I appeared before you on the 30th of November on two charges and pleaded guilty on both counts. My reason for doing so was after a hasty conversation with my court-appointed attorney, Mr. Gannon, who advised me to plead guilty, although I protested my innocence to him at all times. Now, after much serious thought, I realize I can't plead guilty for a crime that I am innocent of and I wish to bring this to your attention so I can withdraw my plea of guilty and bring in a plea of not guilty."
Mr. Gannon, the attorney who represented the defendant in the course of the argument on the question of whether or not the court should permit the defendant to withdraw the plea of guilty, urged the court to permit the defendant to do so, but he made various statements which clearly indicated that the plea of guilty had been entered with the consent of the defendant after the defendant had been fully advised of the charges against him and of the possible consequences of pleading guilty.
When the guilty pleas were entered on November 30, 1953, Mr. Gannon in the presence of the defendant stated to the court that the defendant desired to change his plea to guilty as to both counts of the first indictment, No. 53-CR-6, and also as to the one count of
The defendant Swaggerty was then present in court and the following dialogue took place between him and the court.
"The Court: You are the defendant Swaggerty?
"Defendant Swaggerty: Yes, I am
"The Court: What your counsel states —
"Defendant Swaggerty: Is true.
"The Court: You desire to enter a plea of guilty to the indictment in case No. 53-CR-6, and you also desire to enter a plea of guilty to the indictment in case No 53-CR-440, is that correct?
"Defendant Swaggerty: Yes, sir.
"The Court: The record may indicate that the defendant Swaggerty, in his own proper person and by his counsel, enters a plea of guilty to the indictment in case 53-CR-6 and also case No. 53-CR-440."
At the December 3, 1953, hearing, held for the purpose of sentencing the defendant, after the defendant's letter asking leave to change his plea to not guilty had been read, Mr. Gannon, his attorney, said: "* * * when I left the marshal's lockup with the prisoner the defendant I was convinced and I sit before you convinced that when he stepped up and said, `I wish to enter a plea of...
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Coleman v. Burnett, No. 71-1114.
...Court for leave to withdraw the plea. 10 Cf. United States v. Miller, 293 F.2d 697, 698 (2d Cir.1961); United States v. Swaggerty, 218 F.2d 875, 879 (7th Cir.), cert. denied, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282 11 United States v. Smith, 407 F.2d 33, 35 (2d Cir.1969); United States v.......
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United States v. Bentvena
...upon the acceptance of a guilty plea. Barber v. United States, 10 Cir., 1955, 227 F.2d 431; United States v. Swaggerty, 7 Cir., 1955, 218 F.2d 875, certiorari denied 1955, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282; United States v. Davis, 7 Cir., 1954, 212 F.2d 264, 267; United States v. Vo......
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Shelton v. United States, No. 16354.
...127; Fogus v. United States, 4 Cir., 34 F.2d 97; United States v. Davis, 7 Cir., 212 F.2d 264, 267; United States v. Swaggerty, 7 Cir., 218 F.2d 875, 879; 14 Am.Jur., Criminal Law, Sec. 12 Hornbrook v. United States, 5 Cir., 216 F.2d 112, 113; Littlejohn v. Hiatt, 5 Cir., 197 F.2d 334, 335;......
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U.S. v. Gallman, No. 89-2509
...364 U.S. 908, 81 S.Ct. 271, 5 L.Ed.2d 224 (1960); United States v. Kniess, 264 F.2d 353 (7th Cir.1959); United States v. Swaggerty, 218 F.2d 875 (7th Cir.), cert. denied, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282 (1955); United States v. Marcus, 213 F.2d 230 (7th Cir.), cert. denied, 348 U.......
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Coleman v. Burnett, No. 71-1114.
...Court for leave to withdraw the plea. 10 Cf. United States v. Miller, 293 F.2d 697, 698 (2d Cir.1961); United States v. Swaggerty, 218 F.2d 875, 879 (7th Cir.), cert. denied, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282 11 United States v. Smith, 407 F.2d 33, 35 (2d Cir.1969); United States v.......
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United States v. Bentvena
...upon the acceptance of a guilty plea. Barber v. United States, 10 Cir., 1955, 227 F.2d 431; United States v. Swaggerty, 7 Cir., 1955, 218 F.2d 875, certiorari denied 1955, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282; United States v. Davis, 7 Cir., 1954, 212 F.2d 264, 267; United States v. Vo......
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Shelton v. United States, No. 16354.
...127; Fogus v. United States, 4 Cir., 34 F.2d 97; United States v. Davis, 7 Cir., 212 F.2d 264, 267; United States v. Swaggerty, 7 Cir., 218 F.2d 875, 879; 14 Am.Jur., Criminal Law, Sec. 12 Hornbrook v. United States, 5 Cir., 216 F.2d 112, 113; Littlejohn v. Hiatt, 5 Cir., 197 F.2d 334, 335;......
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U.S. v. Gallman, No. 89-2509
...364 U.S. 908, 81 S.Ct. 271, 5 L.Ed.2d 224 (1960); United States v. Kniess, 264 F.2d 353 (7th Cir.1959); United States v. Swaggerty, 218 F.2d 875 (7th Cir.), cert. denied, 349 U.S. 959, 75 S.Ct. 889, 99 L.Ed. 1282 (1955); United States v. Marcus, 213 F.2d 230 (7th Cir.), cert. denied, 348 U.......