Walker v. United States
| Decision Date | 11 January 1955 |
| Docket Number | No. 11322.,11322. |
| Citation | 218 F.2d 80 |
| Parties | James R. WALKER v. UNITED STATES of America. |
| Court | U.S. Court of Appeals — Seventh Circuit |
James Robert Walker, pro se.
Jack C. Brown, U. S. Atty., Indianapolis, Ind., Stephen Leonard, Asst. U. S. Atty., Anderson, Ind., Robert J. Wilson, Don A. Tabbert, Asst. U. S. Attys., Indianapolis, Ind., for appellee.
Before DUFFY, Chief Judge, and LINDLEY and SCHNACKENBERG, Circuit Judges.
The plaintiff herein was one of three defendants who were charged in three counts of an indictment filed in the United States District Court for the Southern District of Indiana for the violation of Title 18 U.S.C. § 2314 (). Upon arraignment Walker requested the services of an attorney, and the court appointed a reputable and capable member of the Indianapolis bar to represent him. After conferring with his attorney, and after his rights had been explained to him by the court, Walker pleaded guilty to each of the three counts in the indictment. On March 9, 1954 the Court imposed a sentence of two years on each of the first and second counts, same to run concurrently, and two years on the third count to run consecutively to that imposed under count two.
On September 22, 1954, plaintiff filed a "petition for vacating sentences". This petition was properly treated by the court as having been filed pursuant to Title 28 U.S.C., § 2255. On the same day, without a hearing, the court ordered a denial and the dismissal of the petition. Plaintiff appealed and filed a brief in support thereof. The Appellee's brief is likewise on file. Appellee filed a motion to dismiss the appeal. As plaintiff is incarcerated in a Federal correctional institution, and as the case would ultimately be submitted to us upon briefs, we have determined to pass upon the merits of the appeal.
The petition alleged (1) the indictment "does not charge an offense under federal law"; (2) that plaintiff was represented "by counsel who was incompetent"; and (3) that his counsel "entered a conspiracy with the United States attorney, with the court going along with the conspiracy". In his brief filed in this court on this appeal plaintiff makes other charges such as being threatened by prosecution as an habitual criminal under the laws of Indiana if he did not enter a guilty plea in federal court; also, that he was told he would get a lighter sentence if he pleaded guilty than if he stood trial and was found guilty. These last two charges were not brought to the attention of the trial court and will...
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