(Download) "Pickens v. United States" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Pickens v. United States
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 03, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is an appeal from an order of the District Court for the Northern District of Alabama denying petitioner Pickens' motion, filed pursuant to 28 U.S.C. § 2255, to vacate a life sentence imposed on him in 1936 upon a conviction entered after a plea of guilty for robbing a federally insured bank, assaulting the bank president, and forcing the bank president to accompany him from the bank after the robbery, all in violation of 12 U.S.C. § 588b (1935), predecessor to 18 U.S.C. § 2113. Pickens was represented by counsel when he entered his plea of guilty. Pickens contends that this plea of guilty is invalid under the recent Supreme Court decisions of United States v. Jackson, 390 U.S. 570, 88 S. Ct. 1209, 20 L. Ed. 2d 138 (1968), and Pope v. United States, 392 U.S. 651, 88 S. Ct. 2145, 20 L. Ed. 2d 1317 (1968), which held unconstitutional provisions1 providing for the imposition of the death penalty for certain aggravated violations only if the verdict of the jury shall recommend in the Federal Kidnapping Act, 18 U.S.C. § 1201 (1966), and the Federal Bank Robbery Act, 18 U.S.C. § 2113 (1951), since they had the effect of discouraging the assertion of the Fifth Amendment right not to plead guilty or the Sixth Amendment right to demand a trial by jury.