Charles Joseph Battaglia, Jr. v. United States

Appellant was indicted, tried and convicted, in a non-jury trial, on a charge of violating the Hobbs “Anti-Racketeering” Act, 18 U.S.C. § 1951 . After his conviction was affirmed, Battaglia v. United States, 383 F.2d 303 (9th Cir. 1967), and his petition for certiorari denied, 390 U.S. 907 , 88 S.Ct. 817 , 19 L.Ed.2d 874 (1968), he moved to vacate sentence pursuant to 28 U.S.C. § 2255 . Relief was sought on the ground that he was under the influence of drugs at the time of trial, and, consequently, unable to understand the charges against him or to meaningfully cooperate with his attorney. By strange coincidence, the grounds on which appellant relies are essentially the same as those successfully utilized by his brother, John, in Battaglia v. United States, 390 F.2d 256 (9th Cir. 1968). A fair insight into appellant’s nefarious activities is provided by the factual statement on appellant’s original appeal.

Of great significance, on an issue such as here presented, is the fact that the original trial and the 2255 proceedings were before the same judge. Appellant waived his right to a jury trial in the original proceedings. In these circumstances, the trial judge in passing on the…