Willie Charles Jones v. United States

Good Law
279 F.2d 652
United States Court of Appeals for the Ninth CircuitAugust 5, 196016662California927 words

Opinion

Opinion

Willie Charles Jones, already under an eight year sentence (February 10, 1958, No. 26245-CD, Southern District of California) for sale of narcotics, 21 U.S.C.A. § 174 , pleaded guilty to a similar offense on February 25,1958. On March 3, 1958, he was sentenced for a term of fifteen years, to run concurrently with the eight year sentence already imposed.

On May 22, 1959, Jones moved the District Court for an order vacating the second sentence upon the ground that his plea of guilty was not voluntary for the reason that he had been promised both by his attorney and by a representative of the United States Narcotics Bureau that, if he pleaded guilty, no further time would be added to the sentence already imposed, while, if he pleaded not guilty, a substantial addition to that sentence would be made.

On June 22, 1959, this motion was heard by the District Court. Jones was present personally, brought to the hearing from McNeil Island Penitentiary, and was represented by court-appointed counsel. Five witnesses, in addition to Jones, were heard by the court. It concluded that the plea was voluntary and denied the motion.

This appeal was then taken by Jones from the order of the…

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