United States v. Michael Joseph Stimpson

We reversed the defendant’s conviction in this case in a decision filed October 28,1976, on the ground that United States v. Ramirez, (9th Cir., Sept. 16,1976, No. 75-1395) required prosecution by indictment for misdemeanants potentially subject to the sentencing provisions of the Federal Youth Corrections Act (YCA), 18 U.S.C. § 5010 (b). Stimpson was proceeded against by information for a misdemeanor offense under 21 U.S.C. § 844 , and he was sentenced upon a guilty plea under the YCA. Our original decision noted that even though defendant pleaded guilty, the record was insufficient to support any claim of waiver of the defendant’s fifth amendment right to an indictment recognized by Ramirez. Therefore, we found United States v. Leming, 532 F.2d 647 (9th Cir., 1975) not dispositive.

The government has now supplemented the record by providing the reporter’s transcript of the defendant’s guilty plea made in open court. This supplemental transcript satisfies our initial doubts and, upon reconsideration, we now are convinced that defendant’s conviction should be affirmed on the basis of Leming, supra. The transcript clearly reveals that the defendant’s guilty plea was freely,…