United States v. Donald Gene Goodwin

Ninth Circuit

United States v. Donald Gene Goodwin

446 F.2d 894, 1971 U.S. App. LEXIS 8998

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 13, 1971

Docket26251

StatusPublished

Cited by10 cases

This text of 446 F.2d 894 (United States v. Donald Gene Goodwin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Donald Gene Goodwin, 446 F.2d 894, 1971 U.S. App. LEXIS 8998 (9th Cir. 1971).

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Opinion

PER CURIAM:

Appellant stands convicted of assaulting a federal officer. 18 U.S.C. § 111. On appeal he contends for the first time that he did not knowingly and voluntarily waive a jury trial, that he had inadequate counsel, and that the government’s witnesses refused to be interviewed by him.

As to the first two contentions, the record on direct appeal provides no basis for ruling on his conclusionary allegations. Appellant and his appointed counsel signed a jury waiver which is valid on its face and there is nothing in the record to indicate that his representation by appointed counsel was so gross on its face as to amount to a denial of due process. If there are facts outside the record which would support appellant’s allegations, they must be presented in an application under 28 U.S.C. § 2255. United States v. Reyes-Meza DePolanco, 422 F.2d 1304, 1305 (9th Cir. 1970); United States v. Sullivan, 435 F.2d 650, 651 (9th Cir. 1970); United States v. Johnson, 434 F.2d 827, 831 (9th Cir. 1970); United States v. Porter, 431 F.2d 7, 10-11 (9th Cir. 1970).

The record clearly belies appellant’s remaining contention. At his first trial, which resulted in a hung jury, appellant had every opportunity to examine the witnesses against him.

Affirmed.

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PER CURIAM:

Appellant stands convicted of assaulting a federal officer. 18 U.S.C. § 111. On appeal he contends for the first time that he did not knowingly and voluntarily waive a jury trial, that he had inadequate counsel, and that the government’s witnesses refused to be interviewed by him.

As to the first two contentions, the record on direct appeal provides no basis for ruling on his conclusionary allegations. Appellant and his appointed counsel signed a jury waiver which is valid on its face and there is nothing in the record to indicate that his representation by appointed counsel was so gross on its face as to amount to a denial of due process. If there are facts outside the record which would support appellant’s allegations, they must be presented in an application under 28 U.S.C. § 2255. United States v. Reyes-Meza DePolanco, 422 F.2d 1304, 1305 (9th Cir. 1970); United States v. Sullivan, 435 F.2d 650, 651 (9th Cir. 1970); United States v. Johnson, 434 F.2d 827, 831 (9th Cir. 1970); United States v. Porter, 431 F.2d 7, 10-11 (9th Cir. 1970).

The record clearly belies appellant’s remaining contention. At his first trial, which resulted in a hung jury, appellant had every opportunity to examine the witnesses against him.

Affirmed.

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Bluebook (online)

446 F.2d 894, 1971 U.S. App. LEXIS 8998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donald-gene-goodwin-ca9-1971.

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