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UNITED STATES v. COSENTINO (two cases); UNITED STATES v. MASIEWICZ

United States Court of Appeals for the Seventh Circuit1951-09-28No. Nos. 10383-10385
191 F.2d 574

Summary

Holding. The court affirmed the convictions and sentences, holding that defendants' nolo contendere pleas admitted the indictment allegations, eliminating any need for the trial court to hear evidence on guilt before sentencing, and that reliance on presentence investigations was proper and within the court's discretionary authority.

Two defendants appealed their convictions after entering nolo contendere pleas and receiving federal prison sentences. The defendants challenged the sentencing procedure, arguing the court erred by not hearing evidence on guilt and by relying solely on presentence investigation reports. They also claimed the disparate sentences imposed showed judicial prejudice.

The court rejected these challenges, establishing that a nolo contendere plea has the same legal effect as a guilty plea and admits all factual allegations in the indictment. Once defendants enter such a plea, they waive the right to a trial and admit the charges against them. The court therefore had no obligation to hear evidence on guilt before sentencing. Additionally, the court properly relied on presentence investigation reports—such reports are specifically intended to guide judicial discretion in sentencing decisions. As long as sentences fall within statutory limits and show no abuse of discretion, appellate courts cannot overturn them.

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

Key issues

  • Whether a court must hear evidence of guilt before sentencing following a nolo contendere plea
  • Whether reliance on presentence investigation reports alone is sufficient to support sentencing
  • Whether sentencing disparity between defendants constitutes abuse of discretion
  • Legal effect and collateral consequences of entering a nolo contendere plea

Procedural posture

Defendants appealed from separate judgments of conviction and sentencing imposed in federal district court after they withdrew not guilty pleas and entered nolo contendere pleas.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

LINDLEY, Circuit Judge.

Defendants appeal from separate judgments of conviction of violations of the criminal laws of the United States. The several appeals were heard and will be disposed of together.

Defendants originally entered pleas of not guilty but, on December 8, 1950, requested and obtained leave to withdraw them and to plead nolo contendere. The court then adjourned the cause for the purpose of procuring presentence investigation reports. Thereafter, on February 19, 1951, the defendants were sentenced, upon their pleas of nolo contendere, to terms in federal prisons.

Defendants urge that the court erred m sentencing them without hearing any evidence bearing upon the question of whether they were guilty; that the court’s reliance upon presentence investigations was not sufficient to sustain the judgments and that the court evinced prejudice by disparity in the sentences imposed.

It is elementary that “The facts alleged in the indictment * * * stand admitted * * * on the plea of nolo contendere,” U. S. v. Frankfort Distilleries, 324 U.S. 293 at page 296, 65 S.Ct. 661, 663, 89 L.Ed. 951; that a judgment entered upon such a plea leaves open for review only the sufficiency of the indictment, United Brotherhood of Carpenters and Joiners of America v. U. S., 330 U.S. 395 at page 412, 67 S.Ct. 775, 91 L.Ed. 973 and has all the effect of a plea of guilty for the purpose of the case, since, upon the face of the record, no issue of fact appears, Singleton v. Clemmer, 83 U.S.App.D.C. 107, 166 F.2d 963; Fisher v. Schilder, 10 Cir., 131 F.2d 522. By entering such pleas defendants preclude themselves from a trial. Dillon v. U. S., 8 Cir., 113 F.2d 334; Roitman v. U. S., 7 Cir., 41 F.2d 519; U. S. v. Lair, 8 Cir., 195 F. 47; Gemignani v. U. S., 6 Cir., 9 F.2d 384; Tucker v. U. S., 7 Cir., 196 F. 260, 41 L.R.A.,N.S., 70. Punishment may be by fine alone or by fine and imprisonment both. Hudson v. U. S., 3 Cir., 9 F.2d 825, affirmed 272 U.S. 451, 47 S.Ct. 127, 71 L.Ed. 347. Consequently, when defendants entered their pleas of nolo contendere, they admitted the averments of the indictments returned against them by the grand jury. The court, charged, with the exercise of discretion in the entry of sentences, was under no obligation to receive any evidence whatever; by their pleas defendants had confessed the truth of the charges.

Furthermore the court not only had the right to have presentence investigations made and to rely thereon but, it is evident that in the enactment of legislation and the adoption of rules looking to the procuration of such presentence reports, the intent was to encourage trial judges to consider them in order to- be able to exercise as wisely as possible their discretion in fixing sentences. As long as the sentence is within the statutory limits and there is no showing of abuse of the court’s discretion, courts of appeals may not interfere. Bailey v. U. S., 7 Cir., 284 F. 126; U. S. v. Sorcey, 7 Cir., 151 F.2d 899, certiorari denied 327 U. S. 794, 66 S.Ct. 821, 90 L.Ed 1021.

We have examined the record carefully. We find nothing that would justify our interference with the judgments; they are affirmed.