Robert Merman X. Harris v. United States

On February 28, 1963, Robert Merman X. Harris was convicted, on his plea of guilty, on two counts of an indictment charging him with forging a United States Treasury check, and with uttering the check, in violation of 18 U.S.C. § 495 . On December 13, 1968, he filed this proceeding, under 28 U.S.C. § 2255 , to vacate that' judgment of conviction. The court appointed counsel to represent Harris in the section 2255 proceeding. An evidentiary hearing was held and the district court entered an order denying the motion. Harris then took this appeal in propria persona.

In the district court appellant sought relief on the grounds that his plea of guilty was preceded by a confession obtained by promises and coercion; that his plea did not represent an intelligent waiver of his constitutional right to a trial; and that he did not have adequate representation of counsel at the time of his plea. Harris renews these contentions on this appeal.

The circumstances under which Harris entered his plea of guilty are as follows. In December 1962, a special agent of the United States Secret Service, through the alleged use of threats and promises, obtained a written incriminating statement from…