Guy Wellman Holloway, Jr. v. United States

Guy Wellman Holloway, Jr., hereinafter appellant, has filed a timely appeal in this court from an order of the United States District Court for the District of Arizona denying without a hearing appellant’s petition to vacate two convictions in the District of Arizona, the sentences on which have already been served. The appeal is in forma pauperis and in pro per. From the documents filed in the district court and in this court the following facts appear.

In December, 1961, appellant, represented by appointed counsel, pleaded guilty to a Dyer Act charge ( 18 U.S.C. § 2313 ) in the District of Arizona. Before sentence on that charge he apparently escaped and was recaptured. He was then charged with escape ( 18 U.S.C. § 751 ). It appears that at the time of appellant’s arraignment in the District of Arizona on the escape charge there was some conversation between appellant’s counsel and the United States attorney concerning another possible charge pending against appellant in the state of Texas, and of the possibility of that charge being heard and disposed of also by the Arizona District Court under Rule 20, Federal Rules of Criminal Procedure. 1 There was a short continuance of…

CONCURRING OPINION

Unless Holloway can successfully establish a vital flaw in both the conviction on the Dyer Act charge and the escape charge, he is not entitled to a writ of coram nobis, for the sentences being concurrent, each causes the harm which is the necessary predicate for issuance of the writ.

In ordinary circumstances, I suggest the orthodox procedure would be to simply affirm the judgment. However, it is perhaps better in this instance to confine the matter to one package and, without seeming to fault the trial judge, to remand the matter to the district court with directions to first afford Holloway a fair opportunity to amend his pleadings and, if he can and does, to then set aside the judgment and conduct further proceedings.

The opinion indicates that Holloway’s attack in the district court was directed against his conviction of the escape charge (which he asserted rested upon an involuntary plea); that not until the proceeding reached this court on appeal did he seek to question the Dyer Act conviction; and that he now suggests in his brief that the district court, at his arraignment for plea on the Dyer Act Charge (and likewise on the escape charge), failed to…

393 F.2d 731 Guy Wellman HOLLOWAY, Jr., Appellant, v. UNITED STATES of America, Appellee. No. 21828. United States Court of Appeals Ninth Circuit. April 12, 1968. Guy W. Holloway, Jr., in pro. per. Edward Davis, U.S. Atty., Lawrence Turoff, Asst. U.S. Atty., Phoenix, Ariz., for appellee. Before HAMLIN, KOELSCH and BROWNING, Circuit Judges. HAMLIN, Circuit Judge. 1 Guy Wellman Holloway, Jr., hereinafter appellant, has filed a timely appeal in this court from an order of the United States District Court for the District of Arizona denying without a hearing appellant's petition to vacate two convictions in the District of Arizona, the sentences on which have already been served. The appeal is in forma pauperis and in pro per. From the documents filed in the district court and in this court the following facts appear. 2 In December, 1961, appellant, represented by appointed counsel, pleaded guilty to a Dyer Act charge (18 U.S.C. 2313) in the District of Arizona. Before sentence on that charge he apparently escaped and was recaptured. He was then charged with escape (18 U.S.C. 751). It appears that at the time of appellant's arraignment in the District of Arizona on the escape charge…