Public-domain · open source
OpenJurist

285 F.2d 280

Docket No. 15965.

Coates v. United States

District of Columbia Circuit Court of Appeals

Argued Nov. 9, 1960.

Decided Nov. 18, 1960.

District of Columbia Circuit Court of Appeals · decided 1960-11-18

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Coates v. United States · Hutcheson v. United States

Opinion by (per_curiam) · Decided 1960-11-18

¶1*281Mr. Hugh Latimer, Washington, D. C. (appointed by this court) with whom Mr. Lawrence Speiser, Washington, D. C., was on the brief, for appellant.

¶2Mr. Donald S. Smith, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the- brief, for appellee.

¶3Before Fahy, Danaher and Bastían, Circuit Judges.

¶4PER CURIAM.

¶5This case was previously remanded with directions to accord appellant the hearing contemplated by 28 U.S.C. § 2255, Coates v. United States, 106 U.S.App. D.C. 389, 273 F.2d 514. By his section 2255 motion appellant sought to vacate sentence imposed upon his plea of guilty to a violation of the narcotics laws. The plea was alleged to have been made when appellant was under the influence of narcotics. On the remand the court held a hearing, made findings of fact, and concluded that the plea had been validly and competently made. The motion accordingly was denied.

¶6While we do not approve the failure of the court to permit counsel for defendant to inspect notes which a psychiatric witness appeared to be using in his testimony, or the restriction of cross-examination of this witness, in the context of the record as a whole these rulings do not warrant reversal of the order denying the motion. The questioned rulings do not undermine the conclusion reached on the basis of the whole record.

¶7As to the contention that there is no supporting evidence for the finding that at the time of the plea defendant “was not under the influence of drugs,” we read this with the finding with which it is conjoined, namely, that defendant “freely, intelligently and understandingly, and with full knowledge of his rights, entered a plea of guilty.” We do not think the court misunderstood the evidence but rather found that such use of drugs as was shown by the evidence did not influence the plea.

¶8Affirmed.

/285/f2d/280 · .json · Public domain