Application of the John R. Sasser, Jr. v. United States

In June 1970, Sasser pled guilty to a charge of transporting a stolen vehicle in violation of 18 U.S.C. § 2312 . The district judge sentenced him to a three year term under 18 U.S.C. § 4208 (a) (2), providing for release on parole before the end of the term, if the prisoner’s conduct warranted such treatment. In November 1970, Sasser filed a motion to set aside his conviction under 28 U.S. C. § 2255. The same judge who convicted and sentenced him ruled on the motion, denying it without a hearing. He appeals.

At the time of his arrest and conviction, Sasser was AWOL from a Veteran’s Hospital, where he was being treated for mental disturbances. Before hearing Sasser’s plea, the district judge ordered a psychiatric examination to determine his mental competency to stand trial. The court-appointed psychiatrist found Sasser to be competent to assist in his defense.

At the plea hearing, the district judge questioned the defendant extensively, pursuant to Rule 11, Fed.Rules Crim. Proc. At that time, Sasser had been in custody for twelve days. He stated that he had not taken any drugs within the preceding week or two.

Sasser now contends that his plea was not knowingly and voluntarily…