JOHN K. RIFFLE, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that the defendant's letter should have been treated as a motion under 28 U.S.C.A. § 2255, not a motion to withdraw a guilty plea.
The appellant was charged with interstate transportation of a stolen motor vehicle and later pleaded guilty. He wrote a letter to the judge claiming h…
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PER CURIAM.
The appellant was charged, by an information filed in the Northern District of Ohio, with interstate transportation of a stolen motor vehicle. In the Southern District of Florida, he executed a waiver of counsel, a waiver of indictment, a consent to the transfer of the cause, and a plea of guilty. He was given a five-year sentence.
The appellant wrote a letter to the district judge by whom sentence was imposed saying that on the day he appeared in court he had been out of the hospital for only two days and was under the influence of drugs, and had been promised a sentence by a Federal agent and a United States Marshal of one or two years. By the letter the appellant requested he be returned to Ohio for trial. The district court treated the letter as a motion to withdraw the plea of guilty and denied it. We think the letter should have been treated as a motion under 28 U.S.C.A. § 2255 and that, as such, it should have been granted. Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835; Gregori v. United States, 5th Cir. 1957, 243 F. 2d 48; Alexander v. United States, 5th Cir. 1961, 290 F. 2d 252; Praylow v. United States, 5th Cir. 1962, 298 F. 2d 792.
The letter of the appellant to one of the judges of this Court will be treated as a notice of appeal and as an application to appeal in forma pauperis. Such application is granted, and the appeal decided upon the district court record. The order of the district court is vacated and set aside, and the cause is remanded for a hearing upon the mental capacity of the appellant at the time the court accepted his waivers, consent and plea.
Reversed and remanded.
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Minority Emps. OF THE Tenn. Dep't OF Emp. Sec. v. State OF Tenn., 901 F.2d 1327 (6th Cir. 1990)
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Alley v. Dodge Hotel, 501 F.2d 880 (D.C. Cir. 1974)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- V. P. Serodino, Inc. v. United States, 350 U.S. 961 (U.S. 1956)
- Sterling v. Local 438, 350 U.S. 961 (U.S. 1956)
- Gregori v. United States, 243 F.2d 48 (5th Cir. 1957)
- Alexander v. United States, 290 F.2d 252 (5th Cir. 1961)
- Praylow v. United States, 298 F.2d 792 (5th Cir. 1962)