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KRATLIAN v. UNITED STATES

January 17, 1968

Martin J. KRATLIAN, Petitioner,
v.
UNITED STATES of America, Respondent



The opinion of the court was delivered by: BRUCHHAUSEN

BRUCHHAUSEN, District Judge.

 By notice of motion, dated November 29, 1966, the petitioner applied to this Court for an order to vacate and set aside the judgment of conviction herein, pursuant to 28 U.S.C. ยง 2255. The application was denied by this Court, without a hearing. The United States Court of Appeals for this Circuit, by order, bearing date the 27th day of September 1967, remanded the petition for a hearing and for the appointment of counsel for the petitioner thereon. By order, dated November 27, 1967, Peter A. Passalacqua, Esq., was appointed to represent the petitioner, as his attorney.

 A hearing on the petition was held in this court on December 14, 1967. The petitioner and his attorney were present.

 The gist of the petition is that the petitioner pleaded guilty to Count 1 of the indictment herein, due to the intimidating statements of the Federal officers; that he has a dim and confused remembrance of those proceedings and that he is a mentally ill person, due to his long addiction to narcotics. At the hearing, the petitioner withdrew the said charge of intimidation.

 On January 21, 1962, the petitioner was arrested on the charges made in the indictment herein. Count 1, to which he later pleaded guilty, states that on or about January 3, 1962 the petitioner and a co-defendant possessed a Treasury check, which was the content of a letter stolen from an authorized depository for mail matter, knowing the same to have been stolen, in violation of 18 U.S.C. Sections 1708 and 2.

 The petitioner was out on bail until September 1962, when he was taken into State custody in Pennsylvania on a criminal charge, to which he pleaded guilty. He was in State custody continuously from that date to May 8, 1964, the date of his sentence in this court, and thereafter. He was represented by counsel at the time of his plea of guilty on March 5, 1964, and continuously thereafter to the date of the said sentence.

 The transcript of the proceedings on the day of sentence reads, in part, as follows:

 
"THE COURT: Mr. Martin J. Kratlian, you are here for sentence this morning.
 
Have you any statement to make in connection with sentence or in mitigation of punishment?
 
"THE DEFENDANT: Your Honor, I would like to first thank you for the two postponements that you allowed me.
 
"THE COURT: You what?
 
"THE DEFENDANT: I say I would like to thank the Court for the two postponements that were allowed in view of my mother's sickness.
 
I would also like to bring to the attention of the Court that at present I am serving a sentence at the Eastern Service Detention, Philadelphia. Since I have been there I have been receiving psychiatric treatment. I responded very wonderfully there. I did so well that I became the psychiatric nurse, and in a short period of time I became the psychiatric clerk for the doctors there.
 
Now, I have an entirely different outlook in life at present. The crux of my troubles have always stemmed from narcotics and at this present date I am absolutely certain in ...

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