Nathan R. Seaman v. Jacob J. Parker, and United States of America

The appellant, an American Indian, was convicted in 1967 upon a plea of guilty to the crime of assault with intent to commit rape upon a non-Indian female. This appeal represents his second attempt to obtain relief from the judgment and sentence under the provisions of 28 U.S.C. § 2255 . This court has jurisdiction under 28 U.S.C. § 2253 .

The issue before us is simply this: Did the petitioner allege any ground in his latest application which would justify a reopening of a previous evidentiary hearing? We answer in the negative and affirm the district court order.

In August 1967, petitioner and two other American Indians were charged with rape on an Indian reservation, an offense carrying a maximum penalty of death. Counsel was appointed to represent petitioner and another lawyer represented the other two defendants. On November 7, 1967, petitioner and his counsel tendered a plea of guilty to a lesser included offense of assault with intent to commit rape.

The district judge conducted a hearing pursuant to Rule 11, Federal Rules of Criminal Procedure. In the course of it, the petitioner said that he was satisfied with his counsel. After an extensive inquiry and before accepting…