Edward S. Lopez v. United States

On May 29, 1968, Lopez, also known as Hopkins, was charged in a three count indictment with violating 18 U.S. C. § 2113(a) by robbing three different national banks. On motion of his counsel, a psychiatrist was appointed to examine him as to his competency to stand trial. See 18 U.S.C. § 4244 . On September 23, 1968, the psychiatrist’s report, which found Lopez competent to stand trial, was accepted by the court, which found him competent. Lopez then withdrew his plea of not guilty to count one of the indictment, and pled guilty to that count. After examining Lopez with great care, as required by Rule 11, F.R. Crim.P., the court accepted the plea. A probation report was waived and immediate sentence was requested. Lopez was sentenced to 20 years, under 18 U. S.C. § 4208(a)(2). Counts Two and Three were dismissed on the government’s motion.

One month later, on October 23, 1968, the trial judge received a letter from Lopez, reading as follows:

“Sir I would like you to take into consideration a modification of my sentence, I realize Bank Robbery is a serious crime but I wasn’t armed and no one was hurt, Sir I need help not imprisonment I’ve been in jails before and that is my…

(dissenting):

The district judge considered this petition to be frivolous. I agree and would affirm his dismissal of it.

It would be hard to imagine a more careful, scrupulous effort on the part of a trial judge to be absolutely certain that a guilty plea was freely, voluntarily, intelligently and soberly made. The trial judge considered a three-page, detailed report of a physician of his examination two days before the guilty plea. The report was admitted in evidence by stipulation and the findings stipulated to be correct. The doctor found no drug influence at the time of the robbery or upon examination.

In the course of an extended colloquy before accepting the guilty plea, the court specifically inquired:

THE COURT: Is your mind clear this afternoon so that you know and understand what you are doing ?

THE DEFENDANT: Yes, sir.

My conviction that this negatived any possible influence of drugs is strengthened by two other factors. The trial judge, in the presence of appellant and his counsel, observed:

The other convincing factor is appellant’s letter to the trial judge of October 23, 1968, one month after sentence was imposed. It is quoted in the majority "opinion. In my…

439 F.2d 997 Edward S. LOPEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 25832. United States Court of Appeals, Ninth Circuit. March 8, 1971. Edward S. Lopez, in pro. per. Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Eric A. Nobles, Chief, Crim. Complaints, Los Angeles, Cal., for respondent-appellee. Before DUNIWAY, ELY and WRIGHT, Circuit Judges. DUNIWAY, Circuit Judge: 1 On May 29, 1968, Lopez, also known as Hopkins, was charged in a three count indictment with violating 18 U.S. C. § 2113(a) by robbing three different national banks. On motion of his counsel, a psychiatrist was appointed to examine him as to his competency to stand trial. See 18 U.S.C. § 4244 . On September 23, 1968, the psychiatrist's report, which found Lopez competent to stand trial, was accepted by the court, which found him competent. Lopez then withdrew his plea of not guilty to count one of the indictment, and pled guilty to that count. After examining Lopez with great care, as required by Rule 11, F.R. Crim.P., the court accepted the plea. A probation report was waived and immediate sentence was requested. Lopez was sentenced to 20 years,…