(Download) "United States v. Strother" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Strother
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 16, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On September 25, 1963, Obie Diah Strother pleaded guilty to conspiring to rob a federally insured bank in violation of 18 U.S.C. § 371, robbing a federally insured bank in violation of 18 U.S.C. § 2113, transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and concealing that same vehicle in violation of 18 U.S.C. § 2313. The district court imposed consecutive sentences of three years for the § 371 offense, twelve years for the § 2113 offense, two years for the § 2312 offense and two years for the § 2313 offense. After his co-defendant, John James Szoyka, Jr., was acquitted on January 16, 1964 of the conspiracy and robbery charges, Strother filed a petition for writ of error coram nobis attacking the validity of his conspiracy sentence and a motion to withdraw his guilty plea to the § 2313 charge. Both the petition and the motion were denied by the district court on May 29, 1967, and Strother unsuccessfully appealed the denial of the motion to this Court.1 On November 14, 1969, Strother filed an amended petition for writ of error coram nobis, and from the district court's denial of the petition without an evidentiary hearing he takes this appeal. Strother contends that the acquittal of Szoyka, the only alleged co-conspirator, rendered his own conspiracy conviction void as a matter of law; that his guilty plea to the conspiracy charge was not tendered with an understanding of the nature of the charge; and that his guilty plea to concealment of the motor vehicle was not entered with an understanding of the consequences of the plea. Because we remand for an evidentiary hearing on appellant's second and third allegations, we do not reach his first contention.
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