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    John J. Boulter v. United States District Court, District of New Jersey, City of Newark, 350 F.2d 860, 3rd Cir. (1965)

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    John Boulter pleaded guilty to one count of possession of counterfeit currency and not guilty to two other counts. He was represented by counsel and the court ensured he understood the charges and potential penalties. Boulter cooperated with investigators. In a later petition, he alleged he pleaded guilty due to threats of maximum sentences on all counts if convicted, but the court found no evidence of threats or coercion, and that Boulter had considerable past experience with criminal proceedings. The district court denied the petition to vacate his sentence, and the appeals court affirmed, noting Boulter received competent representation and his guilty plea appeared knowing and voluntary.

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    John J. Boulter v. United States District Court, District of New Jersey, City of Newark, 350 F.2d 860, 3rd Cir. (1965)

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    John Boulter pleaded guilty to one count of possession of counterfeit currency and not guilty to two other counts. He was represented by counsel and the court ensured he understood the charges and potential penalties. Boulter cooperated with investigators. In a later petition, he alleged he pleaded guilty due to threats of maximum sentences on all counts if convicted, but the court found no evidence of threats or coercion, and that Boulter had considerable past experience with criminal proceedings. The district court denied the petition to vacate his sentence, and the appeals court affirmed, noting Boulter received competent representation and his guilty plea appeared knowing and voluntary.

    Original Description:

    Filed: 1965-09-21 Precedential Status: Precedential Citations: 350 F.2d 860 Docket: 15227

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    John Boulter pleaded guilty to one count of possession of counterfeit currency and not guilty to two other counts. He was represented by counsel and the court ensured he understood the charges and potential penalties. Boulter cooperated with investigators. In a later petition, he alleged he pleaded guilty due to threats of maximum sentences on all counts if convicted, but the court found no evidence of threats or coercion, and that Boulter had considerable past experience with criminal proceedings. The district court denied the petition to vacate his sentence, and the appeals court affirmed, noting Boulter received competent representation and his guilty plea appeared knowing and voluntary.

    Copyright:

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    Download as PDF or read online from Scribd
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    42 views2 pages

    John J. Boulter v. United States District Court, District of New Jersey, City of Newark, 350 F.2d 860, 3rd Cir. (1965)

    Uploaded by

    Scribd Government Docs
    John Boulter pleaded guilty to one count of possession of counterfeit currency and not guilty to two other counts. He was represented by counsel and the court ensured he understood the charges and potential penalties. Boulter cooperated with investigators. In a later petition, he alleged he pleaded guilty due to threats of maximum sentences on all counts if convicted, but the court found no evidence of threats or coercion, and that Boulter had considerable past experience with criminal proceedings. The district court denied the petition to vacate his sentence, and the appeals court affirmed, noting Boulter received competent representation and his guilty plea appeared knowing and voluntary.

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    of 2

    350 F.

    2d 860

    John J. BOULTER, Appellant,


    v.
    UNITED STATES DISTRICT COURT, DISTRICT OF NEW
    JERSEY, CITY OF NEWARK.
    No. 15227.

    United States Court of Appeals Third Circuit.


    Argued August 16, 1965.
    Decided September 21, 1965.

    Neil Leibman, Philadelphia, Pa., for appellant.


    Barry D. Maurer, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U.
    S. Atty., Newark, N. J., John N. Ellsworth, Asst. U. S. Atty., on the brief),
    for appellee.
    Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.
    PER CURIAM.

    On September 19, 1962, appellant was indicted on three counts charging him
    with possession of and passing counterfeit twenty dollar Federal Reserve notes.
    He was promptly assigned counsel. On October 5, 1962 he appeared before the
    court with his attorney. The latter advised the court that appellant desired to
    plead guilty to the first count of the indictment and not guilty to the second and
    third counts. The judge carefully explained to Boulter the seriousness of the
    offense, nature of the plea and the possible penalty. Boulter told the court he
    understood and then pleaded guilty to the first count and not guilty to the other
    two. The court accepted those pleas. At the hearing as to sentence Boulter's
    attorney, addressing the court for leniency on Boulter's behalf, said that Boulter
    "* * * of his own free will and volition asked for the Secret Service men to
    come over and they came to Hudson County jail and he cooperated with them.
    To what extent I don't know, but I do know that he in fact did ask for them to
    come and see him to unburden himself." The court asked appellant if he had
    anything to say and he answered, "Just that I am sorry."

    On November 5, 1962 appellant wrote the sentencing judge asking for a


    reduction in sentence saying inter alia "* * I know I should of realized this
    before committing a crime but I was unemployed at the time and desperate for
    money. The shock of being sent away again has put a great effect upon me and
    I now realize my immature ways. * * *"

    Before the district court, appellant made no allegation that he had received
    either inadequate or incompetent representation. And, as the district court
    opinion held: "Furthermore, the record reveals that the utmost caution was used
    to insure the petitioner's right to due process and that his attorney acted to
    protect his interests." The opinion also holds that "* * * the transcript amply
    demonstrates that the petitioner was well aware of the nature and effect of his
    guilty plea * * *."

    The vague charge is made in this action that appellant was threatened with
    maximum sentences on all three counts if he were found guilty on them. Those
    maximum sentences would have totaled forty-five years. The district court
    opinion notes that no mention of this was made at the time of sentencing, in the
    later letter to the judge above quoted or indeed, until more than eighteen
    months after sentencing. The court further pointed out "* * * that while
    petitioner is of youthful age his dealings with the law have been considerable
    and he cannot be termed a complete novice to criminal proceedings."

    From our own study of the entire record in this case we are satisfied that the
    district court was completely justified in its denial of appellant's petition to
    vacate sentence.

    It is only fitting that we commend the zealous, most competent efforts of Neil
    Leibman, Esq., court appointed counsel on behalf of appellant in this appeal.

    The order of the district court denying petition to vacate sentence will be
    affirmed.

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