United States v. Morgan. United States Book Reviews

United States v. Morgan. United States by United States Court Of Appeals Second Circuit Book Summary

In 1939 Robert Morgan pleaded guilty and was sentenced in the Northern District of New York to four years imprisonment on each of eight counts in an indictment involving the theft of three letters from the United States mail. He served the time under these sentences, which ran concurrently. In 1950 he was convicted in the County Court of Onondaga County, New York, and was sentenced as a second offender to serve from seven to ten years. New York Penal Law § 1941. He is currently confined in Attica Prison, Attica, New York, pursuant to that sentence. On February 11, 1952, application was made to the District Court for the Northern District of New York for a common law writ of error coram nobis, seeking an order vacating and setting aside his conviction in that court on the ground that he was not given the assistance of counsel and did not waive his constitutional right to such assistance. If his federal conviction were set aside he would presumably be entitled to be resentenced in the New York court as a first offender. Following the denial by Judge Brennan of the application for a writ of error coram nobis, Morgan sought a writ of habeas corpus in the Western District of New York, the district in which he is confined. 28 U.S.C. § 2241 et seq. The grounds are stated in his brief to have been the same as those upon which the application for the writ of error coram nobis was based, but the petition is not included in the record nor was it filed in the district court. The application was denied by Judge Knight.

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