Donald Eugene Brown v. United States

On March 30, 1964, Brown pleaded guilty to the interstate transportation of counterfeit securities, a violation of 18 U.S.C. § 2314 , and a judgment of conviction followed. Brown recently filed a petition for vacation of the 1964 conviction under 28 U.S.C. § 2241 et seq. The District Court denied the petition, whereupon Brown appealed. We affirm.

Brown makes two interrelated contentions: (1) that the District Court, in 1964, did not comply with Rule 11, Fed. R.Crim.P., in assuring that Brown’s plea of guilty was knowingly and voluntarily made, and (2) that he, Brown, did not knowingly and voluntarily waive his right to counsel.

Both of Brown’s contentions are directly and clearly undermined by the transcript of the 1964 proceedings in the District Court. Prior to Brown’s entry of his guilty plea, the district judge reminded Brown of his right to maintain his innocence, thereby casting upon the Government the burden of proving Brown’s guilt beyond a reasonable doubt. Brown was informed of his right to a jury trial and witness confrontation, and he was advised of the maximum possible sentence for his alleged crime. Brown assured the court that he had been offered no…