John Thomas Benton v. United States

This matter involves a propria persona and forma pauperis appeal, combining an untimely appeal from a conviction after a plea of guilty, of 18 U.S.C. § 2113 (bank robbery), and a timely appeal from the denial of a motion under 28 U.S.C. § 2255 . Instead of a reply brief, appellant has filed with the clerk of this court a letter, dated June 14, 1965, stating that if counsel for appellee is correct in saying that because of appellant’s guilty plea, the search and seizure, coercion and confession issues cannot be considered in a § 2255 proceeding, leaving only the waiver of counsel question, then appellant wishes to withdraw his appeal.

In view of the allegation of fact made by appellant on this appeal with respect to the search and seizure, the coercion, and the confession issues, we agree with appellee that appellant’s plea of guilty prevents any consideration thereof on this appeal.

On the issue “whether or not I intelligently waived my right to counsel,” appellant represents to us that he was “without legal counsel when he signed a waiver of indictment and pleaded guilty,” and that thereafter the court appointed an attorney. The reporter’s transcript of the proceedings shows…