*1 Before PHILLIPS* BELL and SIMP SON, Judges. appeal from
This denying motion, filed under order to vacate 10 28 U.S.C.A. § her in the United States * Circuit, sitting by designation. the Tenth Of
1151 rights, Northern Dis- questioned by District for the and was the F.B.I. Division). (Tallahassee being provided trict of Florida without first with coun- sel; (b) subjected that she was to an or informations In nine indictments illegal property search and seizure of counts, aggregate containing an of 15 the arrest; (c) time of her that there charged and were she a codefendant delay was taking inexcusable in transportation of with interstate either Commissioner; before the United States forged securities, violation stolen in (d) illegally that confessions were ob- of 18 U.S.C.A. 2314. § her; (e) tained from that she was charges eight in Twelve of the adequately represented by counsel before in indictments or informations arose Commissioner; (f) the that the amount Florida, namely, other than Wash- states excessive; (g) her bail was that her ington, Arkansas, Mississippi, North guilty prom- awas result of the They Carolina, and South Carolina. agents ises of of the that she F.B.I. duly disposition in were transferred light sentence; (h) would receive that the Tallahassee Division of the Northern pleas were not understand- the Florida, District under Rule 20 ingly made; (i) that she was inade- Procedure. Federal Rules of Criminal quately represented by counsel at the charges The in one three-count indict- sentencing, (j) time the and that she 6106, in the ment, Crim. No. returned right was not appeal. advised of her to of the Northern Dis- Pensacola Division On the basis of the record on the Florida, duly also transfer- trict arraignment and sentencing, and without disposition red for in the Tallahassee evidentiary an hearing, the court denied under Division Rule 20. such motion to Alvereze entered agree We with the trial court. The of the 15 counts of such indictments arraignment proceedings record of the informations. clearly shows that before she entered 1 On Count of the Pensacola Division pleas charges on the of each (No. 6106) sentenced indictment was she information, fully indictment or she was Attorney custody to General right repre- informed of her to to counsel period years, for a of 10 on Count 2 her; sent or advise that she was not period years, thereof for a run of 10 to employ counsel, able to the court would consecutively with the on Count sentence appoint her, counsel for and that she 1, period and on thereof for a Count 3 understandingly voluntarily waived years, concurrently to with the 10 run right counsel; to that imposed sentence Count in each indictment or information eight On each of the other indict- fully explained to her and she stated informations, she sentenced ments was them; that she understood was she years, concurrently to a term of to run penalty advised of the maximum imposed with the in sentences charge could be on each an as offender, indictment, 2874, adult re- No. Division, under Crim. the Fed- Act, eral Youth turned in the Tallahassee Al- Corrections and that the charged vereze was portation trans- sentences as adult with interstate offender could concurrently be made to run of a stolen motor in vehicle consecu- tively. 2312, violation of plea and on U.S.C.A. § charge guilty to she was fully record that after shows she sentenced to a term to of five years, charged right understood her to be concurrently run in the indictment the district where of- the other cases. jury fense committed and to a alleged: (a) charges, In her motion that district on know- she voluntarily ingly, understandingly That she was arrested without a war- cause, probable rant and without was not waived indictment and consented be to properly charged by information, informed of her Constitutional also know- voluntarily understanding^ ingly, Kristiansand of the agreed the transfer to judg- affirm 418, we Division Tallahassee disposition below. under induced claim misleading REHEARING FOR false ON PETITION *3 clearly record. REHEAR- refuted AND PETITION FOR promises is her of Constitutional BANC ING EN advised being After of a of rights effect acknowledg- case, signed an in each officer, person, is denied The Petition reading no “that Judge panel nor any any and no member this agent branch or official regular hav- federal, service on otherwise active government, state polled suggestion ing requested that the Court be any promise or has made (Rule rehearing my banc, Federal anyone en any with else kind to me or Procedure; Appellate Local knowledge Rules of if I would light 12) Fifth the Petition receive a I would to these any En Banc denied. sentence, probation other form leniency by court.” arraignment in each
Moreover, on her to in- orally in answer stated
case she pleas of court quiries of the voluntary of her own result of co- and were not
free will proba- promises ercion, persuasion, or
tion, light any sentence, form a court, leniency. Indeed, me- with care, accepted her he
ticulous before COMPANY, STEAMSHIP REISS to the Cross-Respondent- & Libelant Appellee, case, un- full made certain rights derstanding the conse- v. pleas, quences she understand- UNITED STATES CORPORA STEEL pleas, ing^ voluntarily entered such TION, Respondent and Cross- any Libelant-Appellant. do that she did not so because coercion, force, persuasion, promises. attorney represented She was imposed, the time the Sixth Circuit. Episcopal made and he minister June statements behalf. court report presentence had the investi- gation.
Moreover, the record of the statements during arraignment during
made Tftie
sentencing session shows intelligent posses-
was an in full person,
sion of her faculties. authority States, v. United Stout Cir., 448, 449; 383 F.2d Streator v. 662; Cir., States,
United F.2d Plaster United v. 580; Hall United 1320, 1321; 407 Tittle v.