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02/25/75 United States of America v. Everette Howard Hunt

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


February 25, 1975

UNITED STATES OF AMERICA

v.

EVERETTE HOWARD HUNT, A/K/A HOWARD HUNT, A/K/A EDWARD L. WARREN, A/K/A EDWARD J. HAMILTON, APPELLANT 1975.CDC.36

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Appeal from the United States District Court for the District of Columbia (D.C. Criminal No. 1827-72).

APPELLATE PANEL:

Bazelon, Chief Judge, and Wright, McGowan, Leventhal, Robinson, MacKinnon, and Wilkey, Circuit Judges, sitting en banc. MacKinnon, Circuit Judge (concurring specially). Wilkey, Circuit Judge (concurring specially).

PER CURIAM DECISION

Opinion per curiam.

Opinion concurring specially filed by Circuit Judge MACKINNON.

Opinion concurring specially filed by Circuit Judge WILKEY. Appellant was one of seven defendants charged with various offenses relating to the burglary of the Democratic National Committee in the Watergate office building. He was named in six of the eight counts of the indictment: Count 1 -- conspiracy in violation of 18 U.S.C. § 371 (1970); Counts 2 and 3 -- burglary in violation of 22 D.C. CODE 1801(b) (1973); and Counts 4, 5, and 8 -- illegal interception of oral and wire communications in violation of 18 U.S.C. § 2511 (1970). The trial commenced on January 8, 1973. Several days later Hunt, along with four of his co-defendants, *fn1 pleaded guilty to all counts in the indictment under which they were charged. *fn2 Hunt was provisionally sentenced to the maximum term under 18 U.S.C. § 4208 (1970), and eight months later, along with the four co-defendants who had pleaded guilty with him, Hunt filed a motion to withdraw his plea of guilty and to dismiss the indictment. The denial of this motion provides the basis for this appeal.

The issues raised by appellant have been considered at length in our opinions in the cases involving his co-defendants. *fn3 See United States v. Barker, 168 U.S.App.D.C. 312, 514 F.2d 208 (1975) (en banc); United States v. McCord, 166 U.S.App.D.C. 1, 509 F.2d 334 (1974) (en banc); United States v. Liddy, 166 U.S.App.D.C. 95, 509 F.2d 428 (1974) (en banc). For the reasons stated in those opinions, the issues raised here must also be decided against appellant.

Under the circumstances, the judgment of the District Court is affirmed except as to Counts 3, 4, and 5.

Affirmed.

CASE RESOLUTION

Affirmed. IN AGREEMENT

MACKINNON, Circuit Judge (concurring specially):

The foregoing opinion refers to opinions previously issued by this court in Barker (supra) and McCord (supra). I filed a dissent in Barker and a special concurrence in McCord. I concur in the result of the foregoing opinion, subject to such differing views as I expressed in my opinions in Barker and McCord.

WILKEY, Circuit Judge (concurring specially):

The foregoing opinion refers to opinions previously issued by this court in United States v. Barker, et al. I concur in the result of the opinion herein, subject to such differing views as I expressed in my dissenting opinion in Barker.


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