Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woodward v. United States

decided: May 19, 1970.

ROBERT WOODWARD, A/K/A ROBERT WOODARD, APPELLANT,
v.
UNITED STATES OF AMERICA



Seitz, Van Dusen and Adams, Circuit Judges.

Author: Van Dusen

Opinion OF THE COURT

VAN DUSEN, Circuit Judge.

On June 5, 1968, defendant entered a plea of guilty to an information charging that he wilfully and unlawfully possessed part of the proceeds of a robbery of a federally insured savings and loan association, knowing such proceeds to have been stolen, in violation of 18 U.S.C. § 2113(c). A five-year sentence was imposed at the time of the judgment of conviction and commitment on June 10, 1968. On December 3, 1968, defendant filed motions under 28 U.S.C. § 2255 to vacate the sentence and under F.R.Crim.P. 32(d) to set aside the judgment of conviction on the ground that the money in his possession had not been taken from a federally insured bank, but was the proceeds of forged checks. The District Court, after an extensive hearing, denied both motions by opinion and order of June 6, 1969. This appeal followed.

Defendant raises two principal arguments on this appeal: first, that the District Court's failure to comply with F.R.Crim.P. 11 in accepting the guilty plea violated due process, and, second, that manifest injustice resulted from the acceptance of the plea because it was later shown that defendant was not, in fact, guilty.

Defendant's first claim requires us to examine the guilty plea hearing. On June 5, 1968, defendant appeared before the District Court to waive indictment and plead guilty to the information. The United States Attorney read the information and, after asking defendant if he had received a copy of the information, if he had discussed it with his court-appointed counsel, and if he understood that he had a right to have the charge presented to a federal grand jury for indictment, asked the court to accept the waiver of indictment. The court accepted the waiver of indictment after personally questioning defendant about his understanding of his right to be indicted. The United States Attorney then interrogated the defendant as to the voluntariness of his plea and asked the court to accept the guilty plea.*fn1 The court proceeded to question the defendant:

"THE COURT: You understand, Mr. Woodward, now that by entering this plea you are not merely going through a formality of saying that 'I plead guilty and I signed a guilty plea here' but you are technically in this court making a statement, 'that I admit that I did what the Government charges I did', you understand that?

"THE DEFENDANT: Yes, sir.

"THE COURT: And you understand that making that admission in open court, of course, waives all defenses that you might raise, technical or otherwise, to the proceedings?

"THE DEFENDANT: Yes, sir.

"THE COURT: Has anyone threatened you with any more serious consequences if you don't plead guilty?

"THE DEFENDANT: No, sir.

"THE COURT: Has anyone else told you that the sentence would be more lenient if you did ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.