Scott v. United States

419 F.2d 264 (1969)

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Nature of the Case

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Facts

D was tried and convicted for robbery. The trial judge explained in detail the reasons for which the sentence was imposed. He did not believe the exculpatory testimony D had given at trial. The judge indicated that he was influenced by the fact that D had insisted upon a trial in the first place. The trial judge read a letter submitted by D. The letter, from his attorney, referred to a visit the lawyer had made to the judge's law clerk. In it he reported that in the clerk's opinion 'there was only one way to get a light sentence from Judge -- and that was to confess that you did the robbery, to apologize four or five times and to say that you were willing to turn over a new leaf.' The trial judge then called his clerk to the witness stand and interrogated him concerning his conversation with the attorney. The clerk affirmed that the letter fairly reflected the substance of his comments to the lawyer. He stated, 'It has always been my opinion that you view sentencing differently when someone admits guilt rather than maintaining innocence.' He added, however, 'This has nothing to do with private conversations we have had in chambers. It is from things I have heard while sitting in that seat during sentencing hearings.' The trial judge also stated at the sentencing hearing, 'If you had pleaded guilty to this offense, I might have been more lenient with you.'