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Marvin Joe IGO, Appellant, v. UNITED STATES of America, Appellee

United States Court of Appeals for the Tenth Circuit1962-04-28No. No. 6941
303 F.2d 317

Summary

Holding. The court affirmed the denial of Igo's motion to vacate, holding that Igo's waiver of counsel was voluntary, intelligent, and understanding, and therefore his guilty plea and sentence were valid.

Marvin Joe Igo pleaded guilty in 1952 to interstate transportation of a stolen motor vehicle without counsel, waiving his right to an attorney. He was sentenced to three years in federal prison. Years later, while imprisoned under a subsequent state sentence that was enhanced due to his federal conviction, Igo filed a motion to vacate his federal sentence, arguing it was void because he had not been represented by counsel during his guilty plea.

The appellate court examined whether Igo's waiver of counsel was valid and voluntary. Before accepting the waiver, the trial court had carefully explained Igo's right to counsel, informed him that counsel would be appointed at no cost if needed, detailed the charges and possible defenses, and warned him of the maximum possible sentence. The court found that Igo made a knowing, voluntary, and intelligent waiver of his right to representation.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a defendant may waive the right to counsel in a criminal proceeding
  • Whether a waiver of counsel must be knowing and voluntary
  • Whether a Section 2255 motion can challenge a sentence based on denial of counsel

Procedural posture

Igo appealed from a district court order denying his motion to vacate his federal conviction and sentence on the ground that he entered his guilty plea without counsel.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PICKETT, Circuit Judge.

On April 7, 1952, the appellant, Igo, after waiving his right to counsel, pleaded guilty, in the United States District Court for the Eastern District of Oklahoma, to an information charging him with the interstate transportation of a motor vehicle, knowing the same to be stolen, in violation of 18 U.S.C. § 2312. He was sentenced to a term of 3 years, which he served. He is now confined in the Kansas State Penitentiary under a sentence which, because of the prior conviction in federal court, was imposed for the longer term authorized by the state habitual criminal statute. He appeals from an order denying his motion to vacate the federal court sentence, in which he alleges that the judgment and sentence was void because he was permitted to enter a plea of guilty without the assistance of counsel.

The remedy provided by 28 U.S.C. § 2255 is available only to a prisoner who is serving a sentence which he alleges to be void. Williams v. United States, 10 Cir., 267 F.2d 559, cert. denied 361 U.S. 867, 80 S.Ct. 128, 4 L.Ed.2d 106; Ellison v. United States, 10 Cir., 263 F.2d 395. But Section 2255 does not supersede .all remedies that can be invoked to determine the validity of a judgment and sen-fence when the defendant is no longer in custody under that sentence. A Section 2255 motion can be treated as an application for a writ of coram nobis, and the validity of the sentence may then be tested, in an appropriate case. United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248; Roddy v. United States, 10 Cir., 296 F.2d 9. This extraordinary remedy, however, should be allowed “only under circumstances compelling such action to achieve justice.” United States v. Morgan, supra, 346 U.S. at 511, 74 S.Ct. at 252. The record discloses that there are no such compelling circumstances in this case. Before Igo’s waiver of counsel was accepted, the court was meticulous in advising him of his right to be represented by an attorney. He was told that the court would appoint counsel for him if he was without adequate funds to employ one. The charges against him, together with possible defenses, were explained in detail, and he was advised of the maximum sentence which might be imposed if he was convicted.

It is true that an accused is entitled to be represented by counsel at all stages in a criminal proceeding. Von Moltke v. Gillies, 332 U.S. 708, 68 S.Ct. 316, 92 L.Ed. 309. It is also well settled that one charged with a crime may waive his right to counsel. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461; Nunley v. United States, 10 Cir., 283 F.2d 651; Zahn v. Hudspeth, 10 Cir., 102 F.2d 759, cert. denied 307 U.S. 642, 59 S.Ct. 1045, 83 L.Ed. 1522. We are satisfied from the files and records of this case that Igo made a voluntary, intelligent and understanding waiver of counsel. Nunley v. United States, supra; Bradley v. United States, 10 Cir., 262 F.2d 679.

Affirmed.

. At the time of his plea of guilty, Igo was 20 years of age.

. The motion was filed under the provisions of 28 U.S.C. § 2255.