Edward Marion Hutson, George Edward Smith & Randolf John Williams v. United States

Good Law
437 F.2d 415·1971 U.S. App. LEXIS 12280
United States Court of Appeals for the Ninth CircuitJanuary 21, 197124964California337 words

Opinion

Opinion

In the United States District Court for the Northern District of California, Edward M. Hutson and George E. Smith were charged with violating 18 U.S.C. § 2113 (a) (armed bank robbery), and Randolf Williams was charged with violating 18 U.S.C. § 2 (aiding and abetting). On November 10, 1966, each entered a plea of guilty, and they were sentenced to imprisonment for a term of years. In 1968 appellants filed motions under 28 U.S.C. § 2255 seeking their release because their respective pleas were entered at a time when they were mentally incapacitated as the result of their heroin addiction and suffering from accompanying withdrawal symptoms, therefore rendering their pleas involuntary. The motions were consolidated and an evidentiary hearing was held, at which the appellants and other witnesses testified before the United States District Judge. The motions were denied and this consolidated appeal has been taken from this denial.

The sole question presented on appeal is, as stated in appellants’ brief, “whether the court below made sufficient finding of fact and conclusion of law for a proper determination of this matter upon appeal.” A transcript of the testimony taken before the…

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