United States v. Boyd James O'DOnnell

Appellant O’Donnell appeals the district court’s judgment which convicted him upon his plea of guilty of violating Title 18, U.S.C. § 152 (knowingly and fraudulently making a false oath in relation to material matters in a bankruptcy proceeding) as charged in Count XI of the indictment. Our jurisdiction rests on 28 U.S.C. § 1291 .

In this appeal O’Donnell contends: (1) his plea of guilty did not conform with Rule 11 of the Federal Rules of Criminal Procedure; (2) he was denied his constitutional rights to due process of law and to a speedy trial; (3) these constitutional rights are not waived by a plea of guilty; (4) Count XI failed to state an offense.

Appellant therefore urges that we should set aside the guilty plea, vacate the judgment, and remand the case to the district court with directions that appellant be permitted to plead anew. We reject appellant’s contentions, and affirm the judgment of the district court.

I.

Facts.

On May 30, 1974, Boyd James O’Donnell was charged in a two-count indictment for his acts of March 13, 1970, which allegedly violated 18 U.S.C. § 152 and for his acts of April 7, 1970, which allegedly violated 18 U.S.C. § 1621 (perjury).…