(DOWNLOAD) "United States v. Wetterlin" by Seventh Circuit United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Wetterlin
- Author : Seventh Circuit United States Court of Appeals
- Release Date : January 24, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant-appellant Wetterlin was indicted for his participation in a scheme which allegedly involved the unlawful taking by himself and others,1 including public officials and contractors, of more than two million dollars from a public works project in East Chicago. On January 31, 1977, after entering into negotiations with the government,2 Mr. Wetterlin entered pleas of guilty to Counts I and X of the indictment. In February the government sought to have the plea revoked, which the defendant resisted. The court permitted the plea to stand.3 Subsequently the defendant obtained new counsel who challenged the procedures employed by the court at the January plea hearing, alleging that they failed to comply with the procedural requirements for accepting a guilty plea mandated by Rule 11 of the Federal Rules of Criminal Procedure, and asserted that Mr. Wetterlin was now denying his guilt. At the May 24, 1977, disposition hearing the court indicated that ""serious questions"" had been raised by the defendant and that it was not prepared to go forward with the sentencing. At the June 29, 1977, disposition hearing the district judge indicated that he felt he ""had been had"" and despite defendant's continued denials of guilt as to Counts I and X and his argument that the court had not complied with Rule 11, the court refused to either set aside the plea or to allow defendant to withdraw his plea of guilty to Counts I and X.4 The court sentenced defendant under 18 U.S.C. § 4205(b)(2), to eighteen months on each count, to run concurrently, plus a $5,000 fine on Count I. Wetterlin appeals from his conviction and sentence and seeks to have his pleas of guilty vacated and to be allowed to plead again because the district court failed to comply with the requirements of Rule 11.5 Specifically, defendant Wetterlin argues that the court did not comply with Rule 11(c)(1) because it failed to inform him of and determine that he understood the nature of the charge to which the pleas were offered, and did not comply with Rule 11(f) and (g) because it failed to establish on the record the factual basis for the pleas. The government in response argues that ""based on all the circumstances surrounding the defendant's plea, there (is) substantial evidence that he understood the nature of the charges against him"" in both Counts. The government also contends that the record of the plea hearing on January 31, 1977 reveals a sufficient factual basis for each of the pleas. In regard to the conspiracy count the government further argues that since judgment was not entered until later, under the language of Rule 11(f) the judge was free to consider the evidence he heard at the trial of defendant's alleged co-conspirators to determine whether there was a factual basis for that plea.
 "United States v. Wetterlin" by Seventh Circuit United States Court of Appeals # Book PDF Kindle ePub Free){kind=link}