3 76 CR 004 - John Wiley Price Fraud Case Documents

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CASE NO.l-.J
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51_7_76' W Surety Bond
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651-0661
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75201
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Final Plea
02-13-76
PRICE, WILEY
False statement to Bank in
.Applic8tion.fpr a,loan
18: 1014
(
tit< I"H and suffix numbers of other defendants on
Is 101 iel
i-DATE I PROCEEDINGS
retained
James A. Johnston
Johnston & Dixon
106 S. Austin Street
Dallas, Texas 75202
R
,. 'DATE INITIAL/No, INITIAL OUTCCM"
S...ch h,u.d APPEARANCE t'
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W3rran1: PRELIMINARY ( DalO LJ .. ,-,
Relurn EXAMINATION )Schnduled LJ Heid fo: BOND. LJ Tn TraM'., h
Issued OR l '1 District G'; l District it
Summons "':----1------1--------.,' I Held ----__ LJ Held tc to U. S. District Court ::
T, r , .., Served L..J W.;vod .... Ii
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Intervening AT:
11 II.
't ArrlllSt Wi!rranl L-J N-ot Waived Indictmen1
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MtlGistnJte's p. .
I OFFENSE .- :
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iARGES
L-.J Prosecution Deferred
Alvin H.
,EYS 1100 Com.merce) Rln 16G28
<llL:s. Texas 75202
\ ARREST '.:">
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OPP'OSITf THE DOCKET ENTRIES IN SECTION IV SHOW, IN SECTION"', ANY OF EXCLUDABLE
PER 18 usc S31SHhl- "SPE['DY TRIAL ACT".
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Jan 7
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IV. NCS
Filed INDICTMENT.- PR Bond.
V. EXCLUDABLE DELAY
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r..;. :!C'(l ?"A.RSHAI.S p.li:r JRN FOR A,PREST OF
',-9-7S hy John 1<lile ,
:.o.. bE-fer.Po Mulloy: ;:el/;''lRed on PR Boad.
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Jan 23
Jan 23
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Feb 13
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Mar 15
Har 16
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ARRAIGNHENT BKFOR! JUDGE PORTER: Defendant present! with J:e
tained counsel Jomes P. Hopkins; entered plea of Guilty;
bond continued and set for further proceedings Feb. 13, 197
at 9:00 a.m. Defendant's Consent to the Court's Inspection
of a Presentence Report Prior to a Plea of Guilty, e'tc.
filed. Y.C.A. explained.
Filed Defendant's Consent to the Court's Inspection of a
Presentence Report Frior to a Plea of Guilty, Nolo Contende e
or Finding of Guilt.
present with retained James P. Hopkins;
plea of guilty by the Court and trial set for
Kerch 15, 1976 at 9:30 a.m. Bond continued. RWP
ID\RMT.ri:MEN'E J3EFORE JUDGE PORTER: Defendant present with
retained counsel James P. Hopkins; entered of Guilty;
sentencing set March 16, 1976 at 9:00 a.m. y.e.A. explained
Filed .r...'DGMENT AND PROMTroN/C01-n-{ITME T ORDER: Defendant
to custody of the General
went pUl.'SU8l'lt to 18 U.S'.C.A. Sec. 5(;10 (b), provJ.o.ed
soy period in excess of 6 Months is suspended and defendaDt
placed on probation for 3 Years pursuant to 18 U.S.C.A.
Sec. 5CJIO(a) and Sec. 3651. A condition of probation is tha
defendant make restitution of the $1850.00 set forth in the
indictment in this case to which he plead gUilty. The Court
fUlds the.defendant was 25 years of age at of conv;ctio
al.oJ is sUJ.table f01: handling unda1; F.'l.C.,ll.
of sentence of impl.'isonment is stayed for 3 weeks end defend at
permitted to report di1;ectly to institution at his own ex-
pense; defendant ordered to report to the U. S.Nsrshal ,Dallas
at 10:00 a.m., Tuesday. April 6, 1976, to receive de.signatiolt
of institution to which he will 1;ep01;I:. The Court rec-
commend to the Bureau of Prisons Seagoville, Texas.
3 cert. copies to U.S .Marshal ,cex-t.copy to Probation RIff
office and copy to D.S. Attorney.
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Fi.lecl Deft I s MOTION FOR ll]EW TRIAL.
Filed Deft I s MarlON TO HITHDRAW PIEA OF GUILTY
WITH AFFJJJAVIT OF FACT of John Wiley Price &
AFFIDAVIT OF FACT of James Hopkins.
Filed GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO
PLEA OF GUILTY.
Mar 22
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Mar 22
:'1er 24
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Filed ORDER setting Defendant's Motion to Withdraw Plea of
Guilty for hearing at 9.30 a,m. on March 31, 1976. RWP
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Interval Date Lif'ITota
IperSectlon II) Code O,JV
...
-76-004
A. vs. John Wiley Price
PROCEEDINGS
CR 2-76-004
A...... " 1_ i.lJ:llUlRDJ:R STATING EJrCUl'XON OF SENTENCE_until 10'00 a.m. on P.r.iday-J1<LU-2.....--
1976 at which time "Defendant is ordered to :report voluntarilv to the Federal
, Correctional InstitutioIl.L...eagoville, Texas. RwP
2 cerro cooies to cODies to attorneys of record and to Probation
Office.
Anr 5 If. Filed MEM:ORANDm1 OPlllION AND ORDER overruliUIl Defendant I s Motion fOr
/'1. Trial and Motion to rUthdraw 'Pl<>a of l'''.!J.JJ,t).. RWP
CODies to attorneys of record.
,/ - . -;---,-----
ADr 6 t,'j Deft s NOTICE OF APPEAL from order._denYl:.n&-c;l_eft motion to
______ his plea of ggilty entered on _
CODV of of __
,ho.ot- UFl07548-S..5.00 to Johnson & Dixon.L, 4. 9."1;:;;"1'1:09 ;).D
Apr 6. J'\ .Filed D_eft's MOTION FOR,.
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Aor 7 _Lf Filed Deft s BRIEF IN __ _

"'7\Pr8 "lit Filed GOVERNMENT S RESPONSE TO MOTION FOR OUKEGUTIQN OF
-'".... ..
!Ipr 8 I" Filed ORDER STAYING EXECUTION OF- . ..'s M";.ti..on._-=.fo:,or"--- _
'-J.h Stay of Execution of Sentence is hereby granted Defe;Ld..e!1.t_As_ to be re- . _
- .
____ __ pending appeal on condition th.at be pO!'.!:._!Ll.!sJ?...:t;.. in the
amount of:S2 500.00 on or before 10:00 A.M. 9, the .. _
Mal!is trate for the Nor ther_t!...Distr.lc t of Te:lf.as. __ .. .____ RWP
2 cert. copies to U.S.Marshal copies to attorneys of record and to U.S.
MIlRistrates a'ud Probation Office. ' ----. :.....:::.=-:::...:.;::..:....-------
-------------,---_._-------
Apr 9 Filed ORDER SPECIFYING METHODS AND CONDITIONS OF RELEASE __
Copy to Pretrial Services Anency.
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to U. S. Attorney and Pretrial Serv-ices Ag":n_c...:;y_. _
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Apr
Fl.led MARSHALS RETURN ON JUDGMENT & GPJ1Hll'ME.N.T....:: UQt..e,_d__
auneal on 4-9-76 _
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_______t-_.-"D!1X,;:.-:.l__ _
Me,y 10 Ma:i.led original record to Court of ApTJeals with Transcripl; and listed exhibits.
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=D=.=C=,l=oo=c=n=m!=lna=[=co=n=t1n=u=at"'lo=n=S=h.=.=t======================'-'''''--'-''.:.. . - ===-==e
UNITED STATES OF AMERICA
v.
JOHN WILEY PRICE
The Grand Jury charges:
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.eR3 76- 0 04
CRIMINAL NO. _
On or about May 1, 1974, at Dallas, Texas, in the
Northern District of Texas, JOHN WILEY PRICE, defendant, knowingly
did make a materially false statement-to the G u a r a ~ t y Bank, Dallas,
Texas, a bank the deposits of whiCh were then and there insured by
the Federal Deposit Insurance corporation, for the purpose of in-
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fluencing the action of said bank to approve a home improvement
loan requested by the defendant from said bank, in that JOHN WILEY
PRICE presented to said bank a contract for home improvements
purportedly entered into by defendant with a Roger S. Mullins who
was to perform certain improvements on defendant's home located
at 3302 Reynolds Avenue, Dallas, Texas, when in truth and fact, as
JOHN WILEY PRICE well knew, he had not entered into a contract with
a Roger S. Mullins for home improvements at the defendant's home
at 3302 Reynolds Avenue, Dallas, Texas.
A violation of Title 18, United States Code, Section 1014.
A TRUE BILL
fJt?!d1kJ
FRANK D. McCOWN
United States Attorney
1100 Commerce, Room 16G28
Dallas, Texas 75202
(214) 749-3491
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WARRANT TO ISSUE
RECOMMENDED BOND: PR
Form DJJ95
(Ed.
80. _
IOOIED SlAm DISTRICT OOIJIT
Diltrlot _
Dallas
THE UNITED 'STATES OF AMERICA
w.
JOHN WILEY PRICE
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INDICTMENT
18 USC 1014
FALSE STATEMENT TO BANK IN
APPLICATION FOR A LOAN
nONE COUNT)
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If'IH4 lit optm llOVrl tAU __.. __tWr
af __..__.... .4. D. 111_

WARRANT .1Q, I8,UE n

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Of 0 901:-.0112
'NO COMPLAINT FILED
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FOR VALUE RECEIVED
................: _t hereby sell, transfer and assign to
., UUJ.I:lt:A1'f'fY"B:ANK _ ..
the within' Note, togcthtr with the Mechanic's Lien
and Deed 01 Trust Lien on the property securing
same, without 'recourse oll.me :.

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County, Texas
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Dallas
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pel" cent. per annum from date ulltil paid, payab19
Parties cxf the First Part, and
party of the Part, all of
WITNESSETH:
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VIVIAN PRICE
ROGER S. MULLTh'S
THE STATE OF TEXAS.
COUNTY OF D.ALLAS
'....
and wife
bearing interest at the rate of Ten
..
Parlies of the First Part in consIdera.tion of the foregoing hereby agree to pay to party of the
Second Part the sum of ONE THOuSlJID EIGHT RUNDRED FIFTY .AND No/lOO - DOLLARS
as follows:
Due and payable on or before Sixty (60) days after date;
THIS CONTRACT made and entered Into by and between JOHN WII:.EY PRICE
Being Lot 1, in Block of ADDITION, an. addition to the
City of Da1las, Texas, aCCOr<U1lg to tneJmap"'thereof recordeclin
Vol. 4 page b'( of the 11ap Records of Dallas Co. Texas
and to do the improvements to the premises;
1. mstall 10 by 20 foot concrete slab stora.ge area :m rear of house
, 2. mstall 10 x 20 foot concrete slab carport area, on east side of house;
3. Insta:ll lO x l1t foot patio :in rear of house;
4. Paint interior of house;
5. paint exterior of house
party of the Second part hereby contracts and agree8 to build., construct and complete, according
to the plans and apecifications this day agreed upon by Pa.rties hereto, and to funrish and provide alI
labor and material to 00 ueed in the conatruction and erection thereof, certain improvement:! for Farcies
of the First Part to 00 situated upon the following des::ribed premiaes, which premilK\ll Partiie.s of the
Firat Party hereby declBre they own in fee simple, free and clear of any liens and encumbrances recorded
or unrecorded, except as herein provided, same being in DaD.as County, Texas, to-wit:
all past due principal and interest bearing Interest from maturity until paid at the rate of ten PeI
cent per annum, and providing for ten per cent attorney's fees on the amount of principal and interest
due thereon, 11 placed In the hands of an attorney for coUection or if collected' through the Probate Court
or other judicial proceed.inga, and to secure the llrompt 'Payment of said indebtedness and notes a valid
and Bubsisting lien ill hereby created, for the benefit of Party of the Second Party, upon the hereinbefore
desc:l.'ibed real estate and aU improvements, ndditions, ;fixtures and appurtenances now thereon or here-
atter to be placed thereon.
Anci FariietJ vi. rUL";; Lou
DEBTEDNEss and of the further conllideration, uses, purposes and trusts herein set forth and de-
clared, havll Granted, Bargained and Sold, and by these pre3ents do Grant, Bargnin, Sell, Alien, Convey
and Confirm, unto CoB. KEELAND, JR As Trustee,
party of the third part, and also to the Substitute Trustee, as hereinafter provided, all of the hereinbe-
fore described real eswte and improvements,
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It is further expressly stipulated and understood that the lien hereby created shall take prece-
dence over and be a prior lien to any other lien of any character, whether materiahnan's or mechanic's
lien, hereafter incurred on the hereinbefore described property.
It is further expressly stipulated and egreed that the security herein and hereby provided shall ',:
not affect, nor be affected by any other or further security taken or to be taken for the same indebted-
cr thc.rccf; the. cf fiz;;t 11CA:"eby thclt UIC JlrGJIl;L h13j..
before mentioned and conveyed to said party of the third part forms DO IJart of any property owned, used
or claimed by parties of the first part as exempted from forced sale under the Jaws of the State of Texas,
and disclnim and renounce all and every claim thereto under any such law or laws.
It Is further expressly understood and agreed that any removal or att<lmpted removal Of the im-
provements from the hereinbefore descn1>ed real property shall, at the option of the holder, mature the
entire indebtedness hereby Becured and authorize sale under the terms hereof, and the Trostee or any
substitute Trustee, or any legal o,vncr Rnd holder of the Indebtedness hereby secured, or any part there-
of, is Ruth(')rized to prevent any Buch removal by injunction or otllerwlse, and the owner surh property
shall nay nll c()!'i:s nml CXjlpnscs incil!t'nt to any s11ch prnrl'cdhlR'.
TO RAVE AND TO HO' the said premises unto the said par' )f the third part, and to
successors and forever, hereby covenanting and agreeing to FOkcNER WARRANT AND DE-
FEND the premises aforesaid, and every part thereof, unto the said TnIstee, hereinbefore named, and to
the Substitute and to the assigns of any Trustee hereunder, against all persons whosoever law-
fully claiming or to claim the same for and upon the following Trusts, Terms, Conditions and Covenants
to-wit: That whereas the said parties of the first part are justly indebted to party of the second llart
herein, as evidenced by the bereinbefore mentioned indebtedness and notes.
Now, should the parties of the first part make prompt payment of said indebtedness, both -princi-
pal and interest, as the same shall become due and payable, then this conveyance shall become null and
void and of no further force and effect, and shall be released by the holder of said indebtedness, such re-
lease to be at the expe1ll!e of said parties of the first part. But should the parties of the first part make
default in the punctual payment of said indebtedness, or any part thereof, principal or interest, as the
same shall become due and payable, or fail to pay as the same shall become due and payable. all taxes and
special assessments, either State, County, Municipal or otherwise, now chargeable to or assessed against
or hereafter chargeable to or assessed against the hereinbefore described property, or fail to keep at all
times the improvements on said property insured against fire and tornado in :faver of any holder of the
indebtedness hereby secured (who shall hold the policies of insurance) in the full insurable value of such
improvement!! in solvent and reputable insurance companies acceptable to the holder of said indebted.
ness, or fail to keep said improvements in good condition and repair, or pe=it waste, or do or permit
to be done any act or thing that would tend to depreciate the value of the hereinbefore described prop-
erty, or fall to pay, as the same shall become due and payable, all taxes that shall be chargeable to or
1lSsessed against this mortgage and the note or notes hereby secured, which tax payments on this mort-
gage.and the note or notes hereby secured, together with the interest payments, are not to exceed 10%
per annum on the principal amount of the indebtedness hereby secured, then, and in any such case, the
whole amount of said indebtedness hereby secured remaining nnp2id !!hall at the option of the party
of the second part, or other holder thereof, immediately mature and become payable, and it shall there-
upon, or at a.ny tUne thereafter, the saIDe or any part thereof remaining unpaid, be the duty 01
the said party of the third part herein, and of his successor or substitute as hereinafter provided, on the
request of the said party of the second part, or other holder of the indebtedness hereby !!ecured or any
part thereof (which request is hereby presumed), to enforce this Trust; after advertising the time,
place and terms of the sale of all the hereinbefore conveyed and described IJroIJerty for at least twenty-
one days successively next before the day of the sale, by posting up written or printed notices thereof
at three -public places in Dallas County, Texas, one of which shall be at the court
house door of said county, which notices may be postea by the Trustee acting or by any other person, to
sell the same in accordance with such advertisement, at IJublic auction, in front of the door of the court
house of Dallas County, in the State of Texas, on the first Tuesday in any month, between
the hours of 10 o'clock a.m. and 4 o'clock p.m., to the highest bidder for cash-selling all the property
above conveyed as an entirety or in parcels, as the Trustee acting may elect-and make due conveyance
to the purchaser or purchasers. with general warranty, binding the saId pa....-rties of the frrst part herein
and their heirs and assigns; and out of the money arising from sueh sale, the Trustee acting shan pay,
first, all the expenses of advertising, sale a.nd conveyance, including a commission of five per cent, to
himself, and then to the said party of the second IJart, or any other holder thereof, the full amount of
princill aI, interest and attorney's fees due and unpaid on said indebtedness as hereinbefore set forth,
rendering the balance of the purchase money, if any, to the said pl'.rties of the first IJart, their heirs or
assigns: and said sale shan forever be a perpetual bar against the said parties of the first part, their
heirs and assigns. And said party of the second "part, or other holder of the indebtedness, shall have the
right to at such sale, being the highest bidder.
It Is' expressly understood and agreed that the recitals in the conveyance to the purchaser at
sale shall be full evidence of the truth of the matters therein stated, and all prerequisites to said sale
!!hall be conclusively presumed to ;u.ave been perfo=ed. and such sale and conveyance shall be con-
clusive against the parties of the first part herein, their heirs and assigns, whether such prerequisites
shall have been performed or shall not have been performed.
It is further expressly stipulated and agreed that in case of the absence, death, inability, refusal
or failure of the Trustee herein named to act, a successor and substitute may be named, constituted and
appointed by the said party of the second part herein, or other holder of said indebtedness, or any part
thereof, without other formality than an appointment and designation in writing, and this conveyance
shall vest in him, as Trustee, the estate and title in a11 Raid premises, and he shall thereupon hold. possess
and execute all the title, rights, powers and duties herein conferred on said Trustee herein named, and his
conveyance to the purchaser shall be equally valid and effective; and such 'right to appoint a successor
or substitute Trustee shall exist as often and whenever from any of said causes any Trustee, original
or substitute, can not or will not act.
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day of
F"...rst
EXECU'l'ED this the
It ill further- expressly agre and understood that In the event the' Teinbe!ore descrtbed prop..
erty becomes vacant, then and In that event the Trustee herein, or the Sub......ttute Trustee hereinbefore
provIded for, may (at the request of the holder of the whole or any part of the indebtedness hereby
secured, which request is hereby pre.qumed) take POSs9sston of said property and rent same ior auch rental
as he deems IJroper, and any moneys actually collected as rental less any proper nnd reasonable cost and
expense of collection shall be applied as a credtt 011 the indebtedness hereby secured,
It Is further expressly agreed and understood that in the event any other or further improvements
than those now situated upon the hereinbeIore described property, or which are herein and hereby con-
templated to be placed thereon, are fll"ccted or attempted to be erectect upon the hereinbefore ueseriilcd
property, or In the event that any mechanic, laborer, or materialman :rue, or attempt to file or attempt to
claim, any lien on the hereinbefore described propertY, then, and In the event, the principaJ, interest and
attorney's fees on the indebtedne!lB hereby secured shall, at the OptiOD of the bolder or owner thereof.
immediately become due and paya.ble by said parties of the first part.
It is further expressly agreed and underatood that in the event the hereinbefore described prop-
erty at any time be and remain vacant for n period of thirty consecutive days, or, in the event Mid prop-
erty be sold to a purchaser not assuming the indebtednes'.l unpaid, then and in either event tho entire
unpaid indebtedness shall at the option of the holder of the indebtedness unpaid. or any part thereof,
mature the entire indebtedness.
It is further expressly agreed and understood that any holder of any part of the Indebtednees
hereby secured shan have the option of paying taxes and insurance premlums hereunder and in such
event the SUlll.B so expended shall operate as a lien on the property herein described and be secllI'ed
hereby.
It is further distinctly understood and agreed that should the Improvement$, herein mentionecl to ba
erected, fail for a.ny reason to be completed, or fall to be completed according to the contract, or aU of the
labor and material used In erection thereof iail to be provided by Party of the Second Part, that Party
of the Second Part or other bolder of tbe hereinbefore mentioned indebtedness and note shall have II
valid aDd .subsisting Hen for said contract price, less 8uch amount as wonld be reasonably neceSS3r.l" to
complete Mid improvements according to plans and specifications.
It is further especially agreed and understood that the entering by Pariies of the First Part into
possession of said improvements, or the acknowledgement by them of completion of this contract as well
as any other sufficient llroof, shall be conclusive evideIl.ce that all duties and obligations of the Party of
the Second Part have been fully and completely performed.
This contract is executed and delivered before any labor or material for the erection and construc-
tion of said improvements has been furnished,
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THE STATE OF TEXAS }
COUl\TTY OF DALLAS .
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BEFORE ME, the undersigned, a Notary Public in and for the State and County aforesaid, on this
d II d
Jom Vliley Price, and ldi'e, Vivian Price, and Roger S. Hallins
2.y persona y appeare
known to me to be the person S whose name s aresubscribed to the foregoing instrument BIld ac-
knowledged to me that theY executed the same for the purposes and con.sideration therein expressed.
GIVEN UNDER my Hand and Seal of Oiffee this the day May 1!f4.

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1974 MAY 9
Sl-li'l
THE STATE OF TEXAS,
COUNTY OF DALLAS
THE STATE OF TEXAS,
COUNTY OF DALLAS
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The O""l.":lC!' 0: tz.c
payment of samB fully described in the foregoing mechanic's lien contract for n veluable consideration
paid, the reeeipt of which i6 hereby fully aclruowledged and confessed does by these presents trnnHfer
and assign to GUARJINTY BAlfiC DALLAS """YA'"
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known i;(l me to be the person whose name is subscribed to the foregOing instrument, and aclmowl.
edged to me that he executed the BaIne for the purposes and consideration therein expressed.
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BEFORE me, the undersigned, a Notary Public in and for the State and County rloresaid, on this
day personally appeared
Roger S. Mullins,
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...:.-...
This note is given in payment for the cOl!struction of certain impronments upon that
lot or parcel of land situated in tne City of Dallas, Dallas Count;r, Texas, to-wit:
Texas,
for value
per centum per annum, the interest
Te:"as,
Dallas
(6O]'DAYS
as it accrues, both principal and interest payable at Dallas,
cr-.# I ",,"'i b'cc-aa
sum of
$1,850.00
ON OR BEFORE SnTY
promise to pay to ROGER S. :HU1LINS,
ONE THOUS.Al-ID EIGHT HUNDRED FIFTY ($1,850.00) no/lOa
with interest thereon fro111 <latc until maturity at th.; Tate of Te..."1 (10) -
payable
Being Lot 1, in Block 8/2653 of MO:NT CL..4.IR A]DITIO!i, an addition to the
City of Dallas, Texas, according to the revised map thereof recorded in
Vol. 4 page 67 oi' the Hap Heccl:'ds of Dallas County, Texas.
O-MECHANIC's LIEN NOTE (SlNCJLE:)
the payment thereof, an express Contract and lIIechanic's Lien is given by said contract upon said lands and improvements.
this day contracted to be erected by Reger s. Mu1l:ins, contractor
for John Wiley and Wife, Vivian Price,
19 . day of
Address
Due
All due and ... on this X'ote 911311 interest from maturity untij p2.id at the oi ten per cent per anO\.1rn.
It is :'1J1d agreed that Idilcre to p:l)" this Kote or an) :nstalJrne:1t u interest. the-reon. when due, or failure to l!isnre and kr.e-p SAid improve
nJell.tfi insured, for the hc:r:efit of the ho!de:r oj note, or to tnxc:s no\\' due, if all)", -and l:f!l!P the t,z,xcs p2id. ::IS they accruc, upon $:lid prem
is.es. or a total or destruction at improvcme-:nts, at. lhe option 0: the. bolder of some. the tntite" !!dneu e\'idct\ccd by the.
note this day gi'\'en by the undersigned io'f ere:ctl0n of said impTovements.
And it is hereby sr:el.:iaHr if this Note ig plnced in the: h3nd or a 2ttorneV
or proc,cdi:lgs, the Ilndcfoigned to l'ay ten per c""t addition" I on the

and to secure ::i
11
: throUl;h Prob.te 'r:'l,'
as attm-,neY'$ {ee!.

.
_.._ _...........................................................................................
... ?i!":""'P",iQ\W. # ......; $@ ::w*t:wc

-
Warrant for Arrest of Defendant (Rev. 752) Cr. Form No. 12
lltuUeb ii.atrid aInurt
FOR THE
.,,:0.
, '
...
"
NORTHERN DISTRICT OF TEXAS AT DALlAS
v.
JOHN WILEY PRICE
}
No, CR3-76-004
,',
Tol Any United States Marshal or any other authorized officer:
You are hereby co=anded to arrest JOHN WILEY PRICE and bl'ing him
forthwith before the United States District COUl't for the Northern District of Texa s
in the city of Da 11as to answer to an Indictment charging h im with
False Statement to Bank in Application for a Loan
in violation of 18 USC 1014 j:ttJ
U. 15. DISTRICT COURT
NOmH.RN DISTRICT OF TEXAS

Bail fixed at FR Bond
RETURN
_----.J.Q.SUH. McELROY. _

19LL
Januaty 8
OIl
N District of Tex. sa
Received the within warrant the 9th day of Jan. 19 76 and executed same.
by arresting the witrdn named a t the USMO, Dallas, Tx. on the 9th day of Jan., lCJ{6.
Before USMag. Pat Mulloy
released on PR bani
6lint T. Peoples USH _
By
, Insert designation of officer to whom the warrant is iseue<!, e, g., "any Unitcil States Mazshal or any other
authorized offioer"; or "United States Marshal for Distriot of "; or "any United States Marshal";
or "any Special Agent of the Federal Bureau of Investigation"; or "any United States Marshal or any Special Agent of
the Federal Bureau of Investigation"; or "any agent of the Alcohol Tax Unit!'
r
u. ll. DISTfllllT OOURT
NORTlfEIltl OIStlilCT f!XAS
FILFD
JMi a3 'j87,";
UNITED STATES DISTRICT
.......... __..-..
OORTB.E1lN DISTRICT TEXAS .....
DALLAS DIVISION
Defendant's Consent to the Court's Inspection of a Presentence
Report Prior to a Plea of Guilty. Nolo Contendere, or Finding
of GUilt
I. ::" 1HN hereby consent
to review of my presentence report by a judge at: any time,
including the time prior to entry of plea of guilty or nolo
contendere or a finding of guilt.
I have read, or had read to me, the foregoing consetlt and
fully tlIlders,tand it. No promise has been made to me as to what
the final disposition of my -elise will be.
.d by judge of the court
was returned.
which the
., .
_ 1. _._.
- . .-"
BAlL REFORM ACT FORM NO.2
UNITED STATES DISTRICT COURT
NORTItERN District of TEXAS
ORDER SPECIFYING METHODS AND
CONDITIONS OF RELEASE
".... .. _.d:J"' .
.-
Uni:: States of
v.
JOHN WILEY PRICE
Defendant
)
No.
Case No. _
CR-3-.1!i -004
Personal
Recognizance
Unsecured Bond
Third Party
Custody
Restrictions on
Travel, Associa-
tion or Place
of Abode
10% Deposit
Cash or Surety
Bond
Part I.-Preferred Methods of Release
It is hereby ORDERED that the above-named defendant be released, provided
('hl!'ck ono
rx-Tthat he promises to appear at all scheduled hearings as required.
) that he will execute a bond binding himself to pay the United States the sum of
___ dollars ($ ) in the event that he fails to appear as required.
[NOTE: The judicial is required to lhe by one of the above metho<b unless
he dc-lerm;".s thal such a release will not reasonably <is<ure "/,pe,,rll-nce of the defcndnnt ll.'I Hljuired.
In the evellt such a dotl!Tlninationis marle"lhe judicial omeer sha I, either in lieu of or in "ddit:lon to the
nbove methods of rel"ase, impose lhe firsl condition of rolen.so )i:;ted below whicn will reaMn"bly assure
the appearance of the person for trial. If no single condilion gives t.hut assurance, 1\)]1 comblnal.lon 01
conditions may be used.]
Part H.-Conditions ot Release
Upon finding that release by one of the above methods will not by itself reasonably as-
sure the appearance of the defendant, it is hereby FURTHER ORDERED that the defend-
ant be released on the condition (s) checked below;
( ) (1) The defendant is placed in the custody of
(Name of person or organization)
(Address) _
(City and state) Tel. No. _
who agrees (a) to supervise thj) defendant in accordance with conditions 2 and 5 as checked
below, (b) to use every effort to assure the appearance of the defendant at all scheduled
hearings before the United States Magistrate or Court, and (c) to notify the Magistrate
or Court immediately in the event the defendant violates any condition of his release or
disappears.
Signed: ...,...._::- _
Coatod[an or Prox:T
;x ) (2). The, defendant wili comply with each of the following conditions: _
mOV1Ug from your present residence you must give
written tmtice tllS your attorney and the Hoi ted States
Attorney of yonr new address. You trat,lel oQt:side
the United States permiss ion of the
( ) (3) The defendant will execute a bond binding himself to pay to the United
States the sum of dollars (lj; ) and will deposit in the registry of the court
the sum of ---dollars ($ ), in , being not more than 10%
(euh tar
of the amount of the bond, such deposit to be returned upon the court's determination that
the defendant has performed the conditions of his release.
) (4) The defendant wiU execute a bond in the amount of dollars
($ ) either secured by the undertakings of sufficient solvent sureties or by the
deposit of an equal amount of cash or other security in lieu thereof.
....
l
AO-197-.....9b....t 2
Part-time
Release
) (5) (a) The defendant will be released from ;::::: to :::::: on
___ on condition that he return to custody at the specified time at
MY" of w&t!k)
such place of confinement lUI the United States Marshal shall designate.
Other Conditions (X ) (5) (b)_ n..., delendantagrec,. that.he will co"lllly with the other hcondi-
ti01lll of release: 1>eItmaallt 1.S pLaced under l:!le 01: t e
PreTrial Services Agency.
[Nott: A defendant for whom condition. Df release B!'II! imposed and who after twenty-fouT nou:,.
from th. time of the- reJeaae heaTing continue. to be tletained a TOllult of his inability to meet the concH
lion" of releBse, 8halI, upon appJiee.tioDI be entitl.d to have the couditione reviewed hy the judicial officer
who im.poaed them.]
Part 1II.-Appe&"ance and Penalties
Appearance It is hereby FURTHER ORDERED that the defendant shaH appear next J
as dirlilGt:sQ
Pl&.e. Date and Time
and at 8uch other places and time. as the United States Magistrate or Court may order or
direct.
If the defendant violates any "ondition of his release. a warrant for his arrest will
issue immediately. After arrest, the terms and conditions of any further release will be
redetermined.
If the defendant fails to appear before any court or judicial officer all required. an
additional criminal case may be instituted against him. If the failure to appear is in con-
nection with a charge of felony. or awaiting sentence. or pending appeal or certiorari
after conviction, the penalty i. 8. fine of not more than $5.000 or imprisonment for not more
than five years, or both; if he fail. to appear after being released on a misdemeanor charge,
the penalty i. a fine of not more than the maximum provided for the misdemeanor or im-
prisonment for not more than one year, or both.
Part IV.-Acknowledgment by Defendant
t United States Magisuate
0'

/- 7'-76
Date:
RELEASE ORDERED:
__ understand the method. and conditions of my release
Defendant
which have been checked above and the penalties and forfeitures applicable in the event
I violate any condition or fail to appear as required.
1 agree to comply fully with each of the obligations imposed on my. release and to notify
... M"""n' c..rl , _,"" "' ili.
0";;0 007"/", s:
to 1 Tel. No.
c!../p! ,4:s / oc. '5z-/-on8
N
Acknowledgment
2:;-
-z.. '7' _:;-t>
,u
United States of America V5. United SLtes District Court for
DEFENDANT
L
L JOHN WILEY PRICE

L NORTEERN DISTRICT OF 'l'EXAS AT DALIAS

CR 3-76-004
DOCKET NO.
..
FINDING &
JUD-.GMENT
SENTENCE
OR
PROBATION
ORDER
. .'
',' .' AND PROBATIO,N/COMMITMENT ORDER'
3
1n the presenre of the altomcy for thc&ovemment- IMONTH OAY YEAR I
lhcdefcndanlappearcd in pers<:ln on thIs date Ma.rch 16, 1976
COUNSEL L-..J WITHOUT COUNSEL However the court advised defendant of right to counsel and asked whether defendant desired to
have tounse! appointed by th" court and the defendant thereupon waived assistance of counsel.
J
(Name of tollnscl)
GUilTY. and the court being satisfied that L----.I NOLO CONTENDERE, l.--I NOT GUILTY
there is a factual basis for the plea,
{
L--.J NOT GUILTY. Defendant is
There being a of
L2:..J GUlLTV.
Defendant has been convicted as charged of the offcn5e(s) of knowingly maki.ng a materially false sta tement
to 'the G\.l8rsllty Bank Dallas TXlls. a bank ehe deposits of which ware there
insured by the Deposit for tbe purpose of inLluencing
"the-.action of.. to a home improvement:. .requested. by !:the defendant
from ,saw bank that. defendal1t: Presented to said bank a coor,r8ct for home improve-
ments purportedly euteredinto by.defendant.with a Roger S. MullinS who was to perfonn
said improvejllents on defeJ\dant I s home 'l!ilcsted' at; 3302 Ave.Due Dallas TeJWs
when in txut!l and fact,. as defendant; well had noy 1,nb s',contract with
, .. a ROJl(e:!: for hoali' :I.mO;ovemenu.,t the- defei:ld.'Qpt a 'b'OIl1e at 330-2: Jiey-!?-olds .
Avenfie! a ,1:a'9-, . a v o'lab.on 0-:1: T1.tle 18; 1Jn'1t!ed States'code. SectioJ'i 1014, .as
-----" chargea n the indic1:riient. "
. . . - . ..... -. : :"
(OurLask.cd to 'say bll no sufficient (au'e to the contrary
W>.S..s/IoIVn, or to the court,the,rourt and

finds the defendant wsa 25 years of sge at the date of COllvl.ct10n s .1..6 Sllll:3bTe :for
handling under the Federal Youth Corrections Act.
IT IS ADJUDGED that ehe defendant is hereby coamicted to the custody of the Attorney
General or his autborized pursuant to 18 U.S.C.A. Section 5010(b).
provided, howevGr, that Il.ny pl'>1:'iod in excess of SIX (6) }IDNTHS is suspended and,
defendant placed on probation for a period of THREE (3) YEARS upon his release from
custody pursuant Co 18 U.S.C.A. Section 5010(0.) and Section 3651. A condition of
the probation is that defendant make restitution of the $1,850.00s5et forth in th6
indictment in this case to which he plead guilty.
... :':,.
SPECIAL
CONDITIONS
OF
PROBATION
ADDITIONAL
CONDITIONS
OF
PROBATION
IT IS FURTHER ADJUDGED that the execution of the sentence of Unprisonment imposed
he-rei<n :l!s"at:ayed th.ce weeks_and': d.e.f!1:ndan.t .. ly, to the
institution at his expense; and defendant 1s ordered to report to the United
States }farshal. Dallas Texas at 10:00 a.m. ?n April 6
J
at which
tim.e he will be given he of j<Q _ihion, hl!. r.eport;.
, . ::11: OlS"TilICY \lOUR,' -" .,.'
OlnlllOT or TfXA8
Fn L-E-O
'.:"
. PL/ty
In oddltion 10 the'lXltlal oonditions of It Is heRl!.y;aldered thilt:tliegonCr;l),tondltJons a(;probatlon OUI on the
,,,,,erso .Ide or Ihl, Judgn,ont b. impOSlld. The Court may thong. the conditions of probalion. ,edu<o or Ihe period of prob.tlonnd at
any Ume dUllng the prollallon period or within maximum plOb4Uon period of five years by law, IUjJe .. wltranl and
probulon,ror period . . .._ . _ .__ .::: ;':' :.: -:.':
COMMITMENT
RECDMMEN
DATiON
'rhe.:coun:orders commItment .the QJ51o.dV_o.f the Attorney General an\l.recommen.ds,
.
ii tic.i tne''clerk deliver
a tertified topy of this judgmenl
and commitment to the U.S. Mar-
sh.1 or other qualified officer.
StONEO BV ....:.
us. Olnrl'; ..... 'J-r--L-.......-----.........---- __
L.-J u.s. Magl,t..le
Dat" March 16. 1976
V. $. C"OUIlT
Frc'e:FO
MAR 221976
dOSEfH McELROY. JR.. CLERK
IN THE UNITED STATES DISTRICT _
DeputY.
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
v.
JOHN WILEY PRICE
(
)
(
)
(
. CRIMINAL NUMBER, 3-76-004
MOTION TO WITHDRAW PLEA OF GUILTY
John Wiley Price, the defendant in the above entitled
action, moves the Court that he be permitted to withdraw his plea
of' gUilty pursuant to Rule 32(d), FED. RULES CRIM. FROe., "for
reasons and upon grounds as follows:
1. His plea of guiltY6wae made and entered without a
full understanding of the nature of the. offense charged, and of
the defenses available to him. Specifically, defendant was un-
aware that his good faith sUbmission to the bank of a contract for
home improvements he believed signed by Roger S. Mullins was
in fact a defense to the offense alleged in the indictment.
2. Defendant did not have the effective assistance of
counsel at the time he entered his plea of guilty. Specifically,
on the day the Court entered the plea of guilty, defendant had come
to Court prepared to plead not guilty and under the impression that
his attorneys were prepared for trial. In fact, said attorneys
were Wholly unprepared, not having talked with any of the material
Witnesses, and wholly unprepared to proceed with his defense.
Moreover, said attorneys induced defendant to change his plea to
guilty by representing to him and convincing him that the Court
would grant him probation if he pleaded gUilty,. but that if he
pleaded not guilty he was SUbjecting himself to the increased likeli-
hood of a prison sentence.
-1-
3
,I
I
'!
'!
'I
:1
r
~
I
j'
.
3.' The Court improperly allowed defendant to change
his plea from not guilty to guilty without first determining that
there was a factual basis for such a sentence.
4. The attorneys for defendant \wongfully recommended the
------------
Court to sentence defendant under the Youth Corrections Act, without
first discussing this recommendation with defendant, thus increasing
the maximum length of the sentence 'Which could be imposed on
defendant.
5. The pre-sentence relied upon by the Court in sentencing
defendant contained significant factual errors.
6. Defendant urges this Court to set aside the sentence
and jUdgment and permit the defendant to withdraw his plea to
correct manifest injustice.
7. In support of the above, defendant has attached hereto
certain affidavits which are incorporated herein for all purposes.
Wherefore, defendant p ~ y s that this motion be in all
respects granted.
Respectfully SUbmitted,
CERTIFICATE OF SERVICE
I certify that I have served a copy of the foregoing
Motion to Withdraw Plea of Guilty by hand delivering a copy of
the same ,to:
- ,-
It
I
r'
- ~
this the
Alvin H. Badger, Assistant
United States Attorney .
Dallas, Texas 75202
~ day of' ~ J 1976.
. J ~ ~
JOHNSTON &DIXON
106 S. Austin Street
Dallas, Texas 75202
Phone: 742-3847
-2-
IN THE UNITED STATES DISTRICT COURT
DALLAS DIVISION
VS .
.JOHN WILEY PRICE
CRIMINAL NUMBER 3-76-004
AFFIDAVIT OF FACT
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, on this day
appeared John Wiley Price, who stated on his oath as follows:
..
1. My name is John Wiley Price. I am over the age of
18 and competent to make this statement.
2. On March 15, 1976, I entered a plea of guilty to an
indictment charging that I knowingly made a materially false state-
ment to the Guaranty Bank of Dallas, Texas for the purpose of
influencing the bank to approve a home improvement loan.
3. I now believe that this plea of guilty was improper
and resulted in manifest injustice to myself.
4. In fact, at the time I entered the plea of guilty I
had not been advised by roy attorneys and did not know that it was a
legal defense that the allegedly false statement was made in good
faith and with no intention to mislead. Had I known this, I could
and would have alleged and proved such a defense.
5. The so-called false statement wasva home improvement
contract purported to be signed by Roger S. Mullins. At that time,
Mullins was sharing an apartment with me While I was separated from
my wife. I left a message with MUllins' girlfriend that I needed
Mullins to signthe contract and that I would leave it at the apart-
ment. When I returned to the apartment, the contract bore What I
believed to be his signature. I did not know then and do not know now
-1-
r,
f
F
. ,
f
that that signature was false. I do know that Mullins had agreed to
do home improvements on my house anq had in fact begun certain actions
toward that end on or before May 1, 1974.
6. The Guaranty Bank, by and through its loan officer,
Leon Gauthier, knew at the time the loan was made that the major
portion of the loan was not going to be used for home improvement
purposes, but was in fact, used, and intended to be used, to pay
off certain pre-existing loans of mine at that same bank.
7. As this Court well knows" when,I appeared for arraign-
ment on January 23, 1976 and again on February 13, 1976, I attempted
to enter a plea of guilty. This was done at my attorneys' advise.
When "Factual Resume" was read by the U.S. Attorney, I explained
to the Court that it was incorrect in several significant respects.
The Court then entered a plea of not guilty for me.
8. When I appeared trial on March 15, 1976, I
intended to plead not guilty. However, at that time my attorneys
strongly insisted that I plead guilty. They told me that this was
the best way to get a probated sentence. I requested through my
attorneys that the "Factual,Resume" be changed to reflect the facts
as Bet forth above. but the assistant U.S. Attorney refused this
request. Because I saw that my attorneys were unprepared for trial
and because I was very much afraid that if found after trial
that I be sent to prison, I relented, and against my better
judgment changed my plea to guilty.
9. At the time of my sentencing hearing on March 16. 1976,
I learned that my pre-sentence report stated that I had been found
not guilty of theft by false pretext. This must be wrong since I
have never. been to trial on any such charge.
10. I would request the opportunity to explain to the
Court in greater detail the factual basis for my request 'to change
my plea to not guilty
-2-
.......
SUBSCRIBED AND SWORN to before me, the unders1gned
authority, on this the a( .zd day of March, 1976.
,
My expires
'June 1, 1977
1
:1
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I
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. ':
(J Marshall)

..... ..
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-3-
1
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, "
",
'.
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. \'.
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" 'I '.'
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....
I
'IN THE UNITED COURT'
OF TEXAS
DALLAS DIVISION ,
:
UNI'l'ED STATES OF AMERiCA
".' Vs.
JOaN WILEY' PRICE
(
)
(
)
J
STATE OF 'l'EXAS
COUNTY OF DALLAS
AFFIDAVIT OF FACT
,
)
(
Before me, the undersigned authority, on this 'day
')
appeared Hopkins, who stated on .his oath as follows:
1. My name 'is James Hopkins. I ,am over the age of 18
and competent to make this
2. My law partner, Cleophas Steele, Jr., and I
represented John Wiley in the above cause.
3. Becauseof'our inexperience in ,the area of federal
criminal law, my partner and I did not adequately advise our client
of the possible defenses that could be raised regarding this offense.
Specifically, I was unaware that a good faith misrepresentation with
no intention to mislead the bank would be a defense.
4. Moreover, we did not talk to any of the material
witnesses in preparation of our clients defense, such as Leon
Gauthier, ',the bank ioan officer or Roger S.' Mullins.
5. Ali along we had urged ,Mr. to plead guilty,
that since he had no prior convictions he would be given
a short probated sentence.
: 6. When the case was set for trial on March 15, 1976, we
were unprepared to Price. We were also concerned that if
he pleaded not guilty but was found to be,guilty,.he'would be likely
to receive a prison term. We advised him of this, and strongly
suggested:that he plead guilty.
-1-
We did this despite the fact that
hh ._---...,':'.", ...."..1-........,.-
our, told us that the RFactual upon
:1ly the assistant u.s. Attorney was incorrect in several material
aspects. We attempted to $'et the assistant u.s. Attorney to
ohange the ResumeR but he refused to do so.
7-. ,'" l-1r. Price pleaded 'guilty because we urged him to do
so. This advise on our part was wrong and caused our client to
suffer manifest injustice, in that he was unable to raise what I
now believe to be a $olid, subste.ntial defense to the allegations
of this cause,.
..
SUBSCRIBED AND SWORN TO BEFORE !'ffi, the undersigned
authority, on this the day of March, 1976.
. My commission expires
.JW'te 1, 1971";-
. J /Cftl,.
Notary Public in and for .
Dallas County, Texas
-2-
DALLAS DIVISION
u. S4 DISTRICT COURT
N:urrHERN D1STR1CT OF TEXAS
FILED
MAR 221976
4.QSEeH McELROY, JR CLERK
U
OeputY.
UNITED STATES OF Al1ERICA
VS.
JOHN W I ~ Y PRICE
(
) .
(
)
(
;.
;1
l ~
i:
,I
:1
. ,
, .
MOTION FOR NEW TRIAL
Pursuant to Rule 33, FED. RULES CRIM. PROC., the
defendant John Wiley Price moves the court to grant him a new
trial for the following reasons:
1. The Court erred in accepting defendant's plea of
guilty, for the reasons set forth in his Motion to Withdraw Plea
of Guilty now pending before the Court.
2. The defendant was substantially prejudiced and de-
prived of a fair trial by reason of the failure of his attorney to
adequately represent him in this cause.
Wherefore, defendant prays that he be granted a new
trial.
Respectfully submitted,
Motion For New Trial by hand delivering a copy of the same to:
Alvin H. Badger, Assistant.
Dallas, Texas 75202
this the &-'J-..' day of
Attorney for Defendant
If)
,.
U. S. DISTRICT r;oURlI
NORtHfRN DISTRICT OF TEXU:
IN THE UNITED STATES lJ!STRICT COURT F I LED
FOR THE NORTHERN' DISTRICT OF TEXAS lMR 241916
DALLAS DIVISION
JOSEP.1:l. McLROY41 J.R.. C L ~
l3}j
ffifITED STATES OF AMERICA
v.
JOHN WILEY PRICE
,.
'"
*
'"
*
CRININAL NO. 3-76-004
GOVERNMENT'S RESPONSE TO DEFENDANT'S
MOTION TO WITHDR..2\W PLEA OF GUILTY
Now comes the Onited S t a ~ e s of America in response
to Defendant's Motion to l'1ithdraw Plea of Guilty in the above
styled and numbered cause and objects to said motion and further
would move this Honorable court to set this Motion for hearing
as soon as possible.
MICl-lllEL P. CARNES
ALVIN H. BADGER
Assistant United States Attorney
1100 commerce, Room 16G28
Dallas, Texas 75242
(214) 749-3491
II.
,
IJ. S. D1STllICT COIJR'Il
DISTRlPT OF TexA'B'
FILED
IN THE UNITED STATES DISTRICT COURT MAR 241976
FOR THE NORTHERN DISTRICT OF JR'L CLERK
DJ'-LLAS OeeLdll
v.
JOHN WILEY PRICE
.,
*
.,
*
o R D E R
CRIMINAL NO. 3-76-004
Defendant's Motion to Withdr.aw Plea of Guilty in the
above styled and numbered cause is hereby set for hea.ring at
9:30 A.M. on March 31, 1976.
ONITED STATES DISTRICT JUDGE
jJ;..
IN THE uNITED STAns DISTRICT COURT
DALLAS
UNITED STATES OF Al-[ERICA
u. S. couRT
DiSTRicT 0' TEXAS
FILED
APR 5 1976
JOSWi pLERK

VS
JOlIN PRICE
CR 3-70-004
ORDM-STAYING' EXECUTION' OF SENTENCE
The Defendant, John Wiley Price, having here.tofore been
sentenced on 16, 1976, and havi:ng been orde.red to report voluntarily
to the Federal CorrectionAl Institution, Seagoville, Texas, by noon on
April 6, 1976;
IT IS ADJUDGED that: the execution of the sentence of imprison-
ment is hereby stayed until Friday, April 9, 1976, at 10:00 a.m., and
the Defendant is ordered to report voluntarily to the Federal Correctioual
Institution, Seagoville, Texas, at that time.
ORDERED ENTERED this 5th day of April, 1976.
I.
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UNITED STATES DIS'rRICT JUDGE
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IN THE UNITED STATES DISTRICT COURT J.OSEEi::l McEL;:;C'!. J;\'L
DALLAS DIVISION
VS.
JOHN WILEY PRICE
)
)
) CRIMINAL NO. 3-76-004
)
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MEMORANDUM OPINION AND ORDER
On his plea of guilty, the Defendant was convicted under
a one-count indictment charging violation of 18 U.S.C. l014. Now
before the Court are his Motion for New Trial and Motion to With-
draw Plea of Guilty. For the reasons set out below, the Motions
c
are overruled.
A brief statement of the facts is required.
The Defendant was arraigned January 23, 1976, at which
time he entered a plea of guilty to making a materially false
statement in a loan application to a banking in-
stitution, a violation of the above cited statute. Briefly stated,
the Defendant plead gUilty to securing the loan in question upon
the false representation to the bank that he had entered into a
contract with one Roger S. Mullins, his former roommate, for the
future completion of certain home improvements at the Defendant's

After hearing the'Defendant's testimony under oath, this
Court was not then satisfied that a factual basis for the plea had
been established, with the result that the case was set for further
proceedings on February 13, 1976. On the latter date, the Defen-
dant again pleaded guilty and after hearing his sworn testimony a
second time, tbis Court rejected his guilty plea and entered a noc
guilty plea on behalf of the Defendant, and set the case for.:trial
on March 15, 1976. On that date the Defendant appeared and
will draw a distinction between "bad" advice and incompetent coun-
sel. Many competent lawyers give what by hindsight they consider
to be bad advice, which does not thereby render them incompetent.
In light of the repeated sworn testimony of the Defendant as dis-
closed by the record of all the proceedings in this cause, it is
abundantly to this Court that the Defendant, an intelligent
articulate man, fully understood the consequences of his plea,
and plead guilty solely because he was guilty: For the Court now
to permit him to withdraw his guilty plea would simply create un-
necessary precedent for a defendant, unhappy with his sentence,
to have another bite at the apple. That I do not intend to do.
See Paradiso VB. U. S., 482 F. 2d 409 .(3rd Cir. 1973); Meyers vs.
U.S., supra. The factual basis for the guilty plea was clearly
established and the sentence given by the Court is within
its sound discretion. .
The Defendant also argues that when he plead guilty he
misunderstood what would be necessar.y for the government to prove
.
to obtain a conviction. The indictment charges, alia, that:
...when in truth and fact, as John Wiley
Price well knew, he had not entered into
a contract with a Roger S. Mullins for
home improvements at the Defendant's home
at 3302 Reynolds Avenue, Dallas, Texas.
The Defendant now construes the indictment to that the.
government prove that the contract was not entered into by him.
He' further stated he "still thinks it was signed by Mullins". He
says he plead guilty because he then construed the indictment to
mean only .that proceeds of .the loan not used for home improve-
ments on the indicated property. Defendant is on his own
petard. Viewing the evidence most favorable to the Defendant, it
is undisputed that two/thirds of the repairs had been performed
prior to the execution of the alleged contract, and that Mullins
was not going to perform any further work on .the property subse-
quent to the execution of the alleged contract.
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Accordingly,
that he be allowed to enter a plea of guilty. Defendant was again
placed under oath, and he testified unequivocably to facts which
satisfied this Court that the Defendant was guilty of the offense
charged. He was sentenced, pursuant to his request, on the 01-
lowing day, March 16, 1976. Thereafter, the Defendant engaged
new counsel who filed the Motions made the subject of this order,
Which Motions were by the Court on March' 31, 1976. On
the complete record in this cause, the Court finds that the De-
fendant was and is competent and that his plea ,of guilty was
voluntarily and understandingly made with the assistance of com-
petent counsel'at all stages of the proceedings. 'Uribe vs. U.S.
F.2d (5th Cir. 1976); U.S. vs. Beasley, 479 F.2d 1124
(5th 1973). Accordingly, is conclusively estab-
lished and the Motion for Trial, even'if appropriate, is with-
out merit. Williams VB. United States, 290 F.2d 217 (5th Cir.
1961); Coleman, et al vs. Burnett,. 477 F.2d 1187 (D.C. CiL. 1973).
A treatment of the Motion for New Trial as a 28 U.S.C. 2255 pro-
ceeding, with consideration of the March 31, 1976 hearing as. an
evidentiary one thereunder, would lead to the same result. The
Defendant is not entitled to relief from his conviction upon his
guilty plea. Williams vs. United States, supra.
Rule 32(d) F.R.Cr.P provides in substance that to cor-
rect manifest injustice the Court after sentence may set aside
conviction and permit the Defendant to withdraw his plea of guilty.
The burden of proof of manifest injustice is upon the movant.
Meyers VB. United States. 414 F. 2d 1181 (8th Cil;',: 1970). There
has been no showing of manifest injustice in this case. On the
contrary, the evidence is convincing that the Defendant fully
understood what was going on, not once having plead not guilty.
To support the Defendant's position, his former attor-
neys (both of whom formerly employed hin and one of whom presently
employs him) have testified that they gave him what they now con-
sider to be "bad" advice. If that is fcictual, then this Court
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even under Defendant's latest theory and it is un-
contradicted that he was guilty of making a materially false
statement to the bank for the purpose. of influencing the bank to
approve the loan when he represented that on& Roger. S. Mullins,
pursuant to the alleged contract, was to make "home improvements
on the Defendant's home at 3302 Reynolds Avenue., Dallas, Texas".
Even if Mullins signed the contract, which is highly doubtful
from the evidence. it is also undisputed that it was not a con-
tract for "home improvements on Defendant's home". Hence, even
under Defendant's latest theory he is guilty as convicted on his
plea.
In regard to the specific points raised in the Defen-
dant's Motion to Withdraw his Plea of Guilty, I find that:
1. The Defendant fully understood the nature of the

offense charged against him and of the maximum penalties to which
he was subject, and
2. The Defendant had the effective assistance of com-
petent counsel at all stages of the proceedings against him, and
3. There was ample evidence.to form the factual basis
to support Defendant's guilty plea, after Defendant requested that
he be permitted to plead guilty follOWing the entry by the Court
of a not guilty plea on his behalf, and
4. Sentencing under the Federal Youth Corrections Act
was within the discretion of the Court. and this Court entertained
no recommendation on sentencing from Defendant's former attorneys
or else as to a sentence under. the Youth Corrections Act
or any other sentence, and
5. The point as to the alleged error .in the pre-sentence
report is without merit.
I further find that:
1. The Defendant not once sought to plead not guilty,
the only not guilty plea having been entered for him by the Court,
and,
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2. There is no evidence that the Defendant on the trial
date of March 15, 1976 intended to persist in the not guilty plea
entered for him by the Court, but on the contrary, it is undis-
puted in the evidence that the government haa its witnesses sub-
poenaed and present and was ready to p r o c e ~ d with trial, and that
the Defendant requested and received ample time (one hour) to
consult with his attorneys, after which for the third time he
asked to plead guilty to which the Court acceded.
It is so ORDERED this ~ day of April, 1976.
ROBERJ W. fDRrER.. ,..
UNITED STATES DISTRICT JUDGE
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COpy
IN THE UNITED STATES DISTRICT
DALLAS DIVISION
JOSEPH McELROY, JR CLP:R'(
l1y__ ..,. ""

V.
JOHN WILEY PRICE
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NOTICE OF APPEAL
CRIMINAL NO.
3-76-004
Notice is hereby given that John wiley Price, defendant
in the above cause, hereby appeals to the United States C6urt
of Appeals for the Fifth Circuit from the final judgement hereto-
fore entered in the above cause and from the order denying defen-
motiotlto withdraw his plea of gUilty entered on the 5th
day of April, 1976.
Notice of Appeal by hand delivering a copy of the same to;
.
;
this
united States Attorney
1100 Commerce, Room l6G28
Dallas, Texas
the-6.-
da
y of 1976
ton & Dixon
106 South Austin Stxeet
Dallas, Texas 75202
Phone: 742-3847
COpy
U. $, D1STY!'aT
l'IOItTHElIN DISTRICT OF Tn.
FffLED
IN THE UNITED DISTRICT COURT APR Hl76
FOR THE NORTHERN DISTRICT. OF TEXAs:aC:EEJ:l McELROY.. JR., CLERK
DALLAS DIVISION DeputY,
UNITED OF AMERICA
V.
JOHN WILEY PRICE
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MOTION FOR STAY AND RELEASE
PENDING APPEAL FROM CONVICTION
Defendant John Wiley Price, pursuant to Rule 9, FED. RULES
APP. PROC., and Rule 38, FED. RULES CRIM. PROC., hereby moves
this Court for the entry of an order staying the sentence of
imprisonment herein and releasing defendant pending appeal.
I certify that I have served a copy of the foregoing Motion for
Stay and Release Pending Appeal From Conviction by hand delivering
a copy of the same to:
Dallas, Texas 75202
this the c" day , 197'

Johnston & Dixon
106 South Austin Street
Dallas, Texas 75202
Phone: 742-3847 v
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DALLAS DIVISION
UNITED OF AMERICA
V.
JOHN WILEY PRICE
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u_ S.
NORTHERN DISTRICT OF
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APR 7 1976
JOSEPH McELROY. JR. CLERK
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CRIMINAL NO. .......,
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BRIEF IN SUPPORT OF RIGHT TO APPEAL
Defendant, having previously entered a plea of guilty before
this Court, sought to withdraw this plea. After hearing on his motion
to' withdraw the guilty plea, the Court, on AprilS, 1976, denied
the motion. On April 6, 1976, defendant gave written notice of appeal
from the order denying the motion to withdraw the plea of guilty.
The question now raised by the Court is whether defendant
has the right to appeal the denial of the motion to withdraw. The
answer must be affirmative. The 6ase law is replete with examples
of cases where appeals were taken after denial of such a motion.
Tavlor v. U.S., 452F.2d646 (5th cir. 1971) is such a case. One
month after sentencing Taylor moved to vacate her sentence, such
motion being considered by the district court as either a Rule 32 (d)
RED. RULES CRIM. PROe. motion or in the alternative as a 28 u.s.e.
2255 motion. Direct appeal was taken to the Fifth Circuit after the
trial court denied the motion. No issue was. raised by the parties
or the Court as to its jurisdicaion to hear the appeal.
Likewise, in Meadows v. U.S., 420 F.2 795 (9th cir. 1969)
a Rule 32(d) motion after judgment to withdraw a plea of guilty was
denied by the trial court. Defendant appealed, and the Ninth Circuit
reversed the trial court. There was no issue raised by the parties or
the appeals court as to its jurisdiction to hear the appeal.
Close scrutiny of the commentary and annotations found in
Wright, PRACTICE AND PROCEDURE, Vol. 2, 539, dealing with
Rule 32(d), reveal no reported cases where appeal has been denied.
The logical inference is that the order denying a motion to withdraw
a plea of guilty is an appealable order.
am
Johnston & Dixon
106 S. Austin-
Dallas, Texas 75202
11\
Phone:
. CERTIFICATE OP SERVICE
~ certify that I have served a copy of tho foregoing
Motion for Brief In Support of Right to Appeal by hand delivering
a copy of the same to:
Alvin B. Badger, Assistant
1100 Commerce, R o o ~ l6G28
Dallas, Texas 75202
thie t.he 7 day o ~ , 1976
(2)
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IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION
I), S.
NOIlTlfEIlN OF TEXAS
FULED
COURT
APR 8 1976
TEXAS
jJD.SeI:l. CLERK
S!
V.
JOHN WILEY PRICE
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NO. 3-76-004
GOVERNMENT'S RESPONSE TO MOTION
FOR STAY OF EXECUTION OF SENTENCE
Now comes the United States in the above styled and
numbered cause and in response to Defendant's Motion for Stay
of Execution of Sentence would object to said motion for the
following reasons:
1.
The conviction and subsequent sentence entered by the
Court in this cause were products of the defendant's successful

plea of guilty of March 15, 1976. Not once did the defendant
ever enter a plea of not guilty.
II.
Without arguing the facts of the case, it is abundantly
clear that the Court in its Memorandum Opinion and Order entered
S, 1976, denying defendant's Motion to Withdraw Plea of
Guilty has found, both factually and legally speaking, that said
motion was totally without merit and not well taken. The likeli-
hood that an appeal in this cause will result in relief for the
is ramote.
III.
Section 3148 of Title 18, United States Code, addresses
the matter of release pending appeal after and specif-
ically states:
. if it appears that an appeal is frivolous
or taken for delay, the person may be ordered
detained. n
The circumstances of this case fall directly within this section
of the Bail Reform Act, for certainly an appeal in this cause
GOVERNMENT'S RESPONSE TO MOTION - PAGE 1
can only be described by reasonable men as frivolous and filed

with the purpose of postponing the inevitable,
Wherefore, premises considered, the United States
moves th's Honorable court to deny defendant's Motion for Stay
of Execution of Sentence.
RespectfUlly submitted,
11ICHAEL P. CARNES
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ALVIN H. BADGER ~
Assistant United States Attorney
Dallas, Texas 75242
(214) 749-3491
GOVER.\lMEN'l' I S RESPONSE TO l-!OTION - PAGE 2
DALLAS DIVISION
Vs.
JOHN WILEY PRICE
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) CRIM1NAL NO. 3-76-004
)
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ORDER STAYING EXECUTION OF SENTENCE
Defendant's Motion for Stay of Execution of Sentence
is hereby granted, and the Defendant is to be released pending
on condition that he post cash 'or surety bond in the
amount of $2,500.00 on or before 10:00 A.M. on April 9, 1976
with the U.S. Magistrate for the Northern District of Texas.
It is so ORDERED.
ONITED STATES DISTRICT JUDGE
BAIL REFOIS!1. NO. 2
NORTHERN OISHlCT OF TEXJ\1S
Fll
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UNITED STATES DISTRICT COURT
Docket No.
Case No. _
ORDER SPECIFYING METHODS AND
CONDITIONS OF RELEASE
PENDING APPEAL
United States of America
v.
JOHN WILEY PRICE
Defendant
Northern District of
1
Texas
JR., ClERK.
ID1>. '

CR-3-76-004
Personal
Recognizance
Unsecured Bond
Third Party
Custody
Restrictions on
Travel, Associa-
tion or Place
of Abode
10% Deposit
* Cash or Surety
Bond
Part I.-Preferred Methods of
It is hereby ORDERED that the above-named defendant be released, provided
Chf'C'k
-(--)- that he promises to appear at all scheduled hearings as required.
) that he will execute a bond binding himself to pay the United States the sum of
___ dollars ($ ) in the event that he fails to appear as required.
[NOTE: The judiCIa) officer is required to relea$e Ih.. defeD,l"nl by one of lhe above methoda unless
he determines that such a release will not reasonably assure lhe "1'I,earnnce of the defendant WJ required.
In lhe evellt such a doterminalion is marie, the judicial officer sl1/1 I. eith r in Ueu or or In Ilddltlon to the
nbove methods of impose the first condition of rcle:ue list",} .... which will reasonably =ra
the appearance of the I!"rson for trial. If no single e.>ndition gives that lIssurunce, any cowblIlalion ot
conditi.ons may be used.oJ Q.
Part H.-Conditions of Release
Upon finding that release by one of the above methods will not by itself reasonably as-
sure the appearance of the defendant, it is hereby FURTHER ORDERED that the defend-
ant be released on the condition (s) checked below':
( ) (1) The defendant is placed in the custody of
(Name of person or organization)
(Address) _
(City Rnd State) '1'el. No. _
who agrees (a) to supervise thr. defendant ill accordance with conditions 2 and 5 as checked
below, (b) to use every effort to assure the appearance of the defendant at all scheduled
hearings before the United States Magistrate or Court, and (e) to notify the Magistrate
or Court immediately in the event the defendant violates any condition of his release or
disappears.
(X ) (2) The defendant will comply with each of the following conditions: - _
Defendant shall, in writ1ng.-.nromptly notify.bis the United
States Attobl1gy of any change of address within the county in which he is
$!i!sently residing. Defendant shall not change his residence from the
in he is presently residing, nor shall he travel beyond the
continental limits of the United States, without first obtaining written
l'ermisBion from the Court, Defendant shall keep his attorney fully
advised of his wh\'Xeabouts at all tiDIes so that the attorney may contact
the defendant at all reasonable times,
( ) (3) The defendant will execute a bond binding himself to pay to the United
states the sum of - __ dollars ) and will deposit in the registry Df the court
the sum of --_dollars ($ ), in being not more than 10%
(c.a.ah or-
of the amount of the bond, such deposit to be returned upon the court's detennination that
the defendant has performed the conditions of his release.
an Appeal
( X ) (4) The defendant will execute a/bond in the amount of Hundred dollars
($ 2,500) O@ither secured by the undertakings of sufficient solvent sureties or by the
deposit of an equal amount of cash or other security in lieu thereof.
Date:
Part-time
Relea""
Other Conditions
Appearance
Penalties
Acknowledgment
(5) (a) The defendant win be released from :::: to ~ : : : on
___:-:---,,,......,...._..,...._,-,- on condition that he return to custody at the specified time at
(Specify dis. of ....MkJ
such place of confinement a8 the United States Marshal shall designate.
(X ) (5) (b) Th" deFendant agree" that he will comply with the following other condi.
tionsofrelease: Defendant shall nat violate any local. state or federal laws.
(X )(5)(c) Defendant shall subject himself to the supervision of the
pal1 as Peerr; 81 Servi cas Agency
[NOTE: A defendant for whom condition. of relea.o ere impaled and. who efter twenty-four houTi
from the time of the releaae he.Tins continue-. to be detained ali a result cf hi. inability t.o meet the condi-
tion. of relelJ..Ie, .hall, upon applic.a.tiob., be elltitled to h.ave the eondition- ravi.wed by the judicial offieer
who impaaed them.]
Part JII.-Appearance lllId Penalties
It is hereby FURTHER ORDERED that the defendant shall appear Mxt at
As directed
P I I l l . ~ Dato and Tim_
and at such other places and tim...... the United Statea Magistrate or Court may order or
direct.
If the defendllnt violates any condition of hi.. release. a warrant for his arrest will
issue immediately. After arT""!. the t"nns and conditions of any further release will be
re:dctennincd.
If the defendant fails to appear before any court or judecial offic<:r as r"quired. an
additional criminal case may b" instJted against him. If the failure to appear is in con-
nection with a charge of felony, or while awaiting sentence. or pending appeal or certiorari
after conviction. the penalty is a fine of not more than $5,000 or imprisonment for not more
than five years, or both; if he fail. to appear aft"r being released on a misdemeanor charge,
th" penalty is a fine of not more than the maximum provided for the misd"meanor or im-
prisonment for not more than one y"ar, or both.
Part IV.-Aclmowledgment by Defendant
above named understand the method. and conditions of my release
Der-ndant
which have been cheeked above and th" penalties and' forfeitur"" applicable in the event
1violate any condition or fail to appear as required.
1 agree to comply fully with each of the obligation. imposed on my release and to notify
the Magistrate or C';urt promptly in th" eVent I change the address indicated below.
RELEASE ORDERED:
1.--
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If
LiS:i::l.iCT COURT, NOItTtiEi{f; U.L::iTlt
_____D_A_llA_S --'DIVISION
. Ul!
( U. S. D1STRlCT L
DISTRICT C.
n. H Ie h. I.
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DOCKET NUMBER AND DISTRICT WHERE CAUSE IS PENDlliG,
IF OTHER THAN NORTHERN DISTRIC1' OF TEXAS:
___________ OF _
DEFENDANT
APPEAL SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED MH ';27'3
(See instructions for completion on the reverse.;. side ROv 10 CJ ER.'

STATES OF AMRRICA ) . ..- n-: -.-
) CLERK'S OOCKET,' Deputy
) N. D. n:XAS: CR-3-76-004
)
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VS.
UNITED
JOHN WILEY PRICE
TYPE OF BOND AUTHORIZED:
( ) UNSECURED BOND 10% DEPOSIT . . (X ) CASH OR SURETY BOND
ACKNOWLEDGMENT
WHEREAS, a sentence of imprisomnent was entered against the above named defendant
on _--'Ma=r"'c"'h::......:l::;6'-','-"1"'9-"7..;;;6 ; and
WRER&\S, defendant thereafter filed a written notice of appeal on _
April 6 I 1976
NOW, THEREFORE, we, the undersigned, jointly and severally acknowledge that we are
bound to pay the United States of America the "sum of Twenty-Five Hundred
Dollars ($ 2,500.00 ).11
The conditions of this bond are that the defendant named above shall observe all
conditions of release fixed in the above styled and numbered cause, shall prosecute
his appeal and make all appearances required or directed in connection therewith, shall
make his appearance. in connection with any further proceedings directed in this court,
and shall immediately surrender himself in execution of any final judgment entered
herein by this court or any appellate court on final termination of the proceedings.
_------::;--:-;-;---
;)/y
ADDRESS 7 VI "711
7
SURETY: __ __ ........_IN_F__,_.I_ _
ADDRESS: PHONE _
ATTESTATION: (This bond may be ackn01vledged before any officer authorized to administer
oaths and Spaces for attestation to separate acknowledg-
ments are provided on the reverse side hereof.)
76
day of
at _
1
u. s. }fa. ist:cate N. D. Texas
Official Title of Person Acknowledgment
Signed and acknowledged before me by the defendant named hereinabove and PEERLESS INSURANCE
CO. by and through its attorney 1n fact JACK SWIDLER
/
KI'ENIi.. HAMJ'$HIR'
FS8 567321
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NEW YORK OFFICE-116 JOHN STREET, NEW YORK CITY
Know all Men by these Presents:
That the Peerless Insurance Company has made, constituted and appointed, and by these presents does
make, constitute and appoint ---T
on anyone bond and the said Attorney-in-Fact is hereby authorized to insert in line six the name of the per-
son on whose behalf this bond is given.
THIS POWER NOT VALID UNLESS USED ON OR BEFORE
AND CAN ONLY BE USED ONCE.
3 Gmid
PEERLESS INSURANCE COMPANY
,\11"",Uln,,
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}
55.: d
o;,,,,\' -- -- ,"1:.::- A
'
/ d f?t
Y-i
EHf!..\\'S:;.,.$' By ..... .. .. . .........
Vic..-PrllJident
HERBERT A. ';rONK being dull' .worn. depo'" and sal'S: That he Is a Vice-Pre.rdcnt of the PEERLESS INSliRA C COMPANY. the corpontion which
is described in :>nd which el<CCuled the fOl'Clloiul: inltrUmenl; that he knows the corporate seal of SIlld Corporation; tint the ,cal '4""d to rhe said in-
J<lrumelll the CQrporale seal of the PEUlLESS Tt-lSORA. 'CJ!. COMPANY, and was thereto affixed bv order and authori'y of the Board of Diretto," of
tllc taid Comp.ny; thai he $ gned hI< "arne tht"tclo bl" liI<e order and aUWUTill'; that the <aId Company duly and le.."3lly autl,on'.cd to Iransact busine..
In the District of Columbia and all stales and is duly <lnd lel/llIlv auu,oriud 10 ",,,t" crhnin.l bail bonds in Ihe Dbtrict of Columbia and all <talC. aDd ha<
complied wilb and is nOI< cl,mplyini with the provisions of tbe Act of Congreu of August the J3th, IB94. and the insuraoce laws oC Ihe Disulct of '..Qlumbin
and ,..id states, allowing certain corporations 10 be .ccepted as Surety on Boilcb.
The dewnent further starf!.S th.. a meecin:: of the Board of Diretto" of tbe PEERLESS INSURANCE COMPANY. regularly held at its oUice
in Keene, New Hampshire, on July 16, 1971, at which a quorum of said Board of Directors was present, the {allowing resolution was un.nimously adopted.
Be It Reoolvcd; Tlla anyone o{ lhe {allowing Vice Presldf!.nts of the PEERLESS INSURANCE COMPANY, William M. Lalor. or Herbert A. Monk,
Is hereby autborlzed 10 execute by facsimile signature" on behalf of the PEERLESS INSURANCE COMPANY, rowers of Attorney aothorizing and
qualifying lbe Auorn<1jl-jn-Foet named the,ein 10 execnte In behalf of the PIERLESS INSURANCl: COMPANY Criminal ball bonds in a prindpal .urn
not to exco:ll One Hundred Tb4u5.nd DoU.,., ($100;000) on anyone bond, and funher to affj}e tbe r..c:sImiJe CO\Jlornte seal of said Company '0 Powers of
Attorney executed pursuant herelo.
That the faa of such adoptIon i. ,hown by the m.jnutcs of said fOTT1ling a pan of the corporate records of thf!. said Company and that said
resolution is now in filII force and effect, and that the By-Laws of the Company authorize the Board of Direclon to confer the above authorltY upon the
above named WiJUam M. Lalor. or Herben A. Monk. Vice President
My Commission Expires January 8, 1980
NOTE
(I) A SEPARATE POWeR 01' ATIOflNEY MUST SE ATIACHEO TO EACH BOND EXECUTED.
(2) POWERS OF ATTORNEY MUST NOT 5E RETURNI;D TO ATTORNEY.in.FACT BUT SHOUlD REMAIN A PERMANENT PART Of COURT RECORDS.
(3) DO NOT ACCEPT A POWER OF AT70RNEY WHICH BEARS ANY ALTERATIONS, ERASURE OR INTERLINEATION.
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KtI!:NI!. MAMPSHJRa
I CERTIFY tn.t at the Annual Meeting of the Directors of the Peerless Insurance Company. duly called and held at Keene. New Hampshire, May
5, 1975 the following officers were elected and .till remain in office, to wit:
ROBERT G. PYNE .... , ..... President
HARRY K. WiEMANN .............. Executive Vice-President
GEORGE C. DOUGLAS ........ Senior
CHARLES N. TREMBLAY ........ Vice President.Secretary
ROBERT A. BEAUREGARD, FREDERICK H. BIRD, FRANKLIN E. HOSKIN,
JR., WILLIAM M. LALOR, LLOWELL A. WELNAK, HERBERT A. MONK
Vice Presidents
WALLACE H. HUGEL .... Treasurer
CLAYTON A. BURNETT, WILLIAM H. FOSTER, KENNETH A. FRYE
Asst. Vice Presldenfl;
ARTHUR E. BJORKLUND, RAYMOND M. CHAPPElL, EUGENE E. GAFFEY,
LESLIE H. GOODNOW, ROBERT D. JOHNSON, JOHN W. KEEFE, JR.,
PAUL LOVES, JR Assistant Secretories
JOHN A. GALLON ., ................ Assistant Treasurer
I further CERTifY that the follOWing Financial Statement of the Company Is true, .s !"ken from the books and records of said Company .s of
December 31, 1974, to wit.
Real Estate 1,229,793
Miscellaneous Accounts Receivable ............. 54.327
Reinsurance Recoverable ....... 378,622
Stocks .t Merket Values ........... 11,348,559
LIABILITIES
Reserve for Losses $24,655,494
Reserve for Loss Adjustment Expense ........... 3,583,954
Reserve for Contingent Commission ...... 998,100
Reserve for Other Underwriting Expenses ..... 412,200
Reserve for Taxes, Licenses and Fees .. 544,396
Reserve for Une.rned PremIums...................... 17,179,226
St.tutory Reserves ......... 2,065,071
Divid"nds Declared and Unpaid...................... 330,049
Reserve for Outstanding Lon Drafts .... ,. 1,044,014
Other Liabilifjes 140,644
Ceded Reinsurance Balances Payable ......... 9,863
TOTAL lIABILtTlES .......... $50,963,013
Cepital . . . . . . . . . .. $6,634,560
Surplus .......... 13,675,769
Surplus to Policyholde.rs 20,3i 0,32.9
TOlTAL .............. $71 "73,342
1,158,469
$71,273,342
Inter.Company Bellinces .......... 138,941
ASSETS
Bonds .t Amortized Values ......... $49,793,804
Agents Bolances ............... 5,880,275
Accrued Interest ........ 843,572
TOTAL ADMmED ASSETS
Other Assets ... '.' . . . . . . . . 446,980
Cash
SecuritIes carried at $3.818,077 on the above statement are deposited 4S required by lew.
". t .," r
'. :
HERBERT A. MONK being' duly sworn, deposes and says that he is a Vice President of the PEERLESS IN-
SURANCE COMPANY; that he is familiar with the books and records of said Company; that to the best of
his knowledge and belief the foregoing financial statement is a true statement of the assets and liabilities of
said Company at the dose of business December 31, 1974 as taken from the books and records of said Com-
pany.
Vice-President
me, a Notary Publlc
r
In and for said State and County this MAHcii. 7.1 ..
....

/ . .. ...:ublic
My Commission Expires January 8, 1980

UNITED STATES v. PRICE
1--- --- --.
9f.,.America.

John Wiley PRICE,
Defendant-Appellant.
No. 76--2165
SUIIUlUlt'Y Calendar.*
United States Court of Appeals.
Fifth Circuit.
Sept. 13, 1976.
Defendant appealed from an order
of the United States District Court for
the Northern District of Texas, at Dal-
las, Robert W. Parler, J., denying his
motion to withdraw plea of guilty. The
Court of. Appeals held that the District
Court could not have been satisfied that
there was a factual basis for defendant's
plea of guilty to charge of maki.n,g a
materially false statement to a federally
insured bank for the purpose of
ing the bank to approve a home im-
provement loan. since defendant had,
twice before. rejected the facts tendered
as the basis for the plea. and since his
pro forma acceptance, in light of those
previous rejections and his counsel's
cryptic equivocation, in response to ques-
tion whether the statement read by the
prosecutor accurately and correctly rep-
resented the facts involved in the case,
was insufficient to fulfill the rule 11 re-
quirement that the court be satisfied as
to the factual basis for the plea.
Reversed and remanded.
5536
Criminal Law <3=273(4)
Distriet court could not have been
satisfied that there was a factual basis
for defendant's plea of guilty to charge
of making a materially false statement
to a federally insured bank for the pur-
pose of influencing the bank to approve
a borne improvement loan, since defend-
ant had., twice before. rejected the facts
tendered as the basis for the plea, and
since his pro forma acceptance, in light
of those previous rejections and his coun-
sel's cryptic equivocation, in response to
question whether the statement read by
the prosecutor accurately and correctly
represented the facts involved in the
case, was insufficient to fulfill the rule
11 requirement that the court be satis-
fied as to the factual basis for the plea.
Fed..Rules Crim.Proc. rules 11, 11(f).
32(d), 18 U.S.C.A.; 18 U.S.C.A. 1014.
Aopeal from the United States Dis-
trict Court for the Northern District of
Texas.
Before DYER. CLARK and lULL, Cir-
cuit Judges.
PER CURIAM:
This is an appeal from the denial by
the district court of John Wiley Price's
motion to withdraw his plea of guilty
under 32(d). Price was
convicted on a plea of guilty to making a
materially false statement to a federally
insured bank for the purpose of influenc-
ing the bank to approve a home im-
provement loan iIi violation of 18 U.S.C.
1014. On appeal Price contends that
his plea proceeding was held in violation
of Rule 11 of the Fed.R.Crim.P. Price
argues that the district court could not
* Rule 18, 5 Cir.; see Isbell Entf!lJJrises, Inc. v. Citizexzs Casualty Co. of New York, et aI., 5 Cir., rt?O,
431 F.2d 409, Part 1.
Synopses, Synabi and Key Number Classification
COPYRIG!!T @ 1976, by WEST PUBLISHING CO.
Tbe Synopses, Syllabi and Key Number Classifi-
5537 UNITED S'rATES v. PRICE UNITED S'I'ATES v. PRICE 5538
'; ....... ,._- "I ..
A. true 00P7' . .
Test f E!)W!IRD W. WADSWORTH
Clerk.. U. S. COllrt of kp;.e1Jj), Fifth Circuit

Deputy OCT 5 1975
New Orleans. Louis
..:-.: :.",:. ';.
heen satisfied that there \vas Ii. fae- eXplained to the cOurt thai such oiisrep-
tllAI basis for his plea. See Rule il(f}. resentations l1s mn,y have !loon made by
We agree. him were known to be such by the bank
Oh January 23, 1976 Price was lii'- officer who appi-oyed the l\lan, In addi-
raigned and adviBed of li'isrights pursu- tion; he. explained that ,!l11 of the pro-
ant to Rule 11 of the Fed,R.Crim.P. At eeeds of the 10"''' weht to settle, his in-
this hearing he was represerited by re- debteliness to the baiik niakiiig the loan.
tained counsel and entered a plea of On the basis of Price's rejection of the
guilty. After being directed by the factillil statement, the court refused tl>
Court to establiBh a f...ctual basis for the accept his plea and recessed the proceed-
plea, tbe Assistant United States Attar- ing until February 13, 1976.
ney n;ad the following prepared state- iil ,tiie ooii:rt :esumed
ment mto the record: proceewngs and once llgaitt ulterrogated
Your Honor, the facts to support the Price cdncerning the factual basis for
plea in United States v. John Wiloy the plea. Price made almost exactly the
Price, Criminal Number 3-76--4, are same statement as he made on January
that on May the ht of 1974, John Wi- 28. Following this interrogation the
ley Price, defendant, made a false court, again refused. to aoo.ept tbe
statement to the Guaranty Bank in plea because it did "not ,think that a
Dallas, Texas, a bank the deposits of factual basis, as required by law, hard]
which were then and there insured by been estahlished to support [tbe] plea of
the Federal Deposit Insurance Corpo- guilty. .." The oourt entered a
ration in that he presented a contract plea of not guilty and set a trial date.
with a S. to a loan offi- On 15, 19?6 the c;'SC called
cer of IllUd bank for Improvements to for t1ial. The ooLln Wl\.Il Informlid oncc
be dorie on ti owm:d by Price; !!gain .that Price wjshed to pleaQ giillty:
Price presented this conttallt for We The 4saiBtirilt United St8.t:lls Attorhey
plir,Pbse of influeqcing the loari td'fi
C
rl!ad tlil! exaet statemant into the rl=rll
car's. deCision to a.et fayC?raIlly on as was read IIh jiUllJary 28' 1976. Fol.
PHce'S apilllClltion a hmne lfuc IllwiJig that statemerit tile' Cllurt. asked
provement loan. Pri!l6 thtlJ:i tllii.t Price if tliat a.CciIi-aWy alill
the cOntraot was falaa and Coi'teHly Uiil (alila
terea into by Price With Roger S,. 'Miil" i.ilIitaht PBCl! rol/lie8 "ha,
1ioo to make. blJlrie improvements On sir," The court tHlln liSklid PHoo"s cbliii"
his house. Based on this ,con- .!liirlid qutistlon 1:0 widtli replied
traCt, the loan officer gtahted Price a "1'os' YoUr iilihtjr With 6dfile iilter-
ioan for $1,850 which. PrIce ntlver re:. tbey ilfe.:' !tke dilly l5tlit1r in-
Paid. 'I'he wa.s ultimately wHtteii I quit-y of hit:e's cotiilSel was as til
tiff as a tOtal lbiis by the bank; ll.i- lliti \vas ClJi1!iisb!fil; W1Ui ius aa.
Tile ooiui illquifed of Pfii:l! l!S to Ull! viC\! bl Clieoh hi whibll blluilatll ail-
aCCw'acy of the PHce swei:ed; Ybs. ftirt!lifr question'
tHAt the statetD.ent was tillt l:fbe. Hll ilig- til oemrdUtlij wIlY that
ther! proceeded to inform the coUrt that day;! respoilse was lli&iMlsWlil We
he bc1lcvcd n,t the time dnll still belieyed two prtJilldUs ilIllllZ' t# tHe tiiiii1e
that the contract entered hito with Mul. filol:t.ulll t1iii then llllOOji!:,.
Iins Wll8 in fact signed by Mullins. He ed Price's plea of guilty.
('
Given this record, we cannot find that
the court was properly "satisfied" that
there WBS a factual basis for the plea.
Twice before Price had rejected these
facts. Hia pro forma acceptance, in light
of these previous rejections and his ooun-
sel's cryptic equivocation, is insufficient
to fulfill the Rule 11 requirement that
the court he satisfied ali to the factual
basis tor the plea. 'I'he rule instructs
that absent such satisfaction, the court
shall not enter a judgment on the plea.
The plea, therefore, was taken in viola-
tion of Rule 11 and Price is entitled to
withdraw it and plead again in a MW
proceeding. McCarthy Y. United States,
394. U.S. 4439, 89 S,Ot. 1166, 22 L.Ed.2d
418 (1969).
In rejecting Price's motion to set aside
hie plea. the district court concluded that
even if Price's version of the fa.ct6 were
true be would still he guilty of the
leged offense. This, of course, complete-
ly fools to explain why the court rejected
Price's plea. based on this statement of
the facts at the February 15)11earing.
In addition, 18 U.S.C. 1014 includes a
specific element of intent to Influence
the action of the bank which would not
he present if Price's version of the facts
were taken as true. Price stated that
the construction contract was not forged
and that the bank officer knew of all
other misrepresentations, i. e., that two-
thirds of the construction had already
been completed and that tbe proceeds of
the loan were to he used to payoff
Price's indebtedness to that bank and
not for the purpose of improving his
home. The clear implication is that if
the hank was aware of these misrepre-
sentations, it could not have been influ-
enced by them and was acting out of
greed to secure the payment of ita own
debts. Therefore, there did not exist a
factual basis for Priceis plea of guilty.
The order of the district court refusing
to allow Price to withdraw his plea and
to plead anew is reversed and the cause
is remanded with directions to allow the
plea to he withdrawn and to afford de-
fenda.ilt the right to replead.
REvERsED AND REMANDED.
r
October Term, 19 76
No. 76-2165
Summary Calendar
D. C. Docket No. CR-3-76-004
UNITED STADi:S OF AMERICA,
Plaintiff-Appellee,
versus
JOII,N WILEY PRICE,
,Defendant-Appellant.
Appeal from the United States District Court for the
Northern District of Texas
Before DYER, CLAItK and HILL" Cireuit Judges.
JUDGMENT
This cause came .on to be heard on the transcript of the record from the United
States District Court for the Northern District of Texas, and was taken under
subm.ission by the Court upon the record, ~ n d briefs on file,.pursuant to
Rule 1.8;
ON CONSIDERA'I'ION WHEREOF, It is now here ordered and adjudged. by
this Court that the order of the District Court appealed from, in this cause be, and the
same is hereby, reversed; and that this cause be, and the .same is hereby
remanded ~ o the said District Court in accordance with the opinion of
.'
this Court. ~
September 13, 1976
Issued as Manda te: OCT 5 1978
A. true GOpy
Test:
Clerk,. U. S.
FPI_YI_7_1.7_,4.21l1_2437
. "3 ...
..
.... .., .
.. "'\I 1 ..... - ...
FOR THE NORTHERN DISTRICT OF TEXAS 8. --............
DALLAS DIVISION
VS,
JOHN WILEY PRICE
)
)
) CRIMINAL NO. 3-76-004
)
)
o R D E R
In accordance with the Mandate of the United States
Court of Appeals for the Fifth Circuit the Defendant, John Wiley
Price, is hereby granted. leave to withdraw his plea of guilty,
and said Defendant is ordered to appear before the Honorable
Robert M. Hill, United States District Judge, in his courtroom,
Dallas, Texas, on the 22nd day of October, 1976 at 9:00 A.M. for
arraignment pursuant to Rules 10 and 11, F.R.Cr.P.
A copy of this order shall be served forthwith upon
said Defendant.
It is so ORDERED.
--. q,f---'-
UNITED STATES DISTRICT JUDGE

lllttittb mtatritt OIoun
FOR THE
NORTHERN DISTRICT OF TEXAS
AT DAJ"I,AS _
THE PRESIDENT OF THE OOTEn STATES OF AMERICA
To the lJlarshal of the Northern DlBtrict of Texa8-Greeting:
.. -
YOU ARE HEREBY COMMANDED to serve _
___________________________ _
or Attorney__ of record _
with the accompnnying Certllied COpy of __Q@!L&J:.JlntiIJR of _
guilty and ordering him to appear before Honorable Robert M. Hill, United States
District Judge, -l9..lii aU.;.Q.U...MJor u.raignment _
----- ------ ------------
...._'---_._-------------------.._--
G
---- -----------_._--_.
----- -------
---------------------
filed by _
in Case No CR._:i-::Z!l=.Q.Qit.. and styled
------------------ --------------------------
------------
vs.
________.IDHliJilLEY.JJUC1L _
---------- --------
HEREIN FAIL NOT, and due return of this writ make.
WITNESS, the Honorable ROBERT IJ PORXER , Judge United
States District Court, Northern District of Texas. and the seal of said
District Court at , this __ __day
of , A.D. 19 __.
JOSEPH McELROY. JR.
Clerk of said District Court.
.-')/ - --:-:-

Deputy.
--
Subpoena to .Testify
_'=-:-:-=.o.-=..:. :--':;_:::-.-::"==-::_' ... _
Uuttrb &tUttli Itstrirt Q100rt
'OR THE
NORTHERN DISTRICT OF TEXAS AT DALLAS
Cr. 1'orm No. 20 (Rov. 5681
To
v.
JOHN W. PRICE
Rpger s. Mullens
3123 Reynolds Avenue
Dallas, Texas
No.
CR 3-76-4
<
You are hereby commanded to appear in the United States District Court for the Northern
District of Texas at Fedet:al Building, Room'16G28, 1100 CQmmerce,inthecityof
Dallas, Texas on the 22nd day of November 1976 at 8: 30 o'clock A.M. to
tc:>tiiy in the aboveentitled case. u, s', CIS7:'::cr Ct:URT. . D'OC
V
E'l"ED
NORTHERN D!STRICT cr. . . '1\
This subpoena is issued on ag;ucitiLf!i;lfi!).ited sta.t,es. . . .
Service Fees
on
I seNed it on the
Travel ... _ _.. $
Services _ _
Total _... _. $
, ,t:niu'd States,'- or "defendant" the case may be.
.' FpC',.; m,,! milvuJ,tc need nut-he tendered to ihe witness upon service of a issued beha1f ot'the United Staies
01' an Ofll("'l' 01' :J.g'ency 28 USC 1825, or on behalf of a defendant who i$ financially unable to pay such costs
1,l{llllJ Rules Criminal Procedure), .'.
-::;;-

to Testify
=-=",,,,, '-".=-:-.-==---=.' ='=========--==
c .
Cr. !,'Ol'Dl No. 20 (Rov.
Untttb &tutt1i Itairitt arnurt
FOR THE
To
v.
JOHN W. PRICE
Wanda L. Small
3550 E'- Overton Road, Apt. 2325
Dallas, Texas
No. CR 3-76-4
You arc hereby commanded to appear in the United States Distri<::t Court for the Northern
District of Texas at Federal Building, Room .16G28 , 1100 Connnerce, in the city of
Dallas t Texas on the 22nd day of November
testify in the above-entitled case.
Service Fees
Travel.. .. _., ._.. $
Services .. _
Total _' .. $
1976 at 8: 30 oclock A.M. to
OOCKflBJ
on
I served it on the
By ,__ .. __ __._, " .__ .
, "l:nitl,o States," or "defendant" a;> the ease may bl;!. ,
" [0\'(':' ,wei ll1il<.:ug'c need nut be tendel'cd to the witness upon service of a subpoena issued in bebaII"of the U.nited States
Ill' an 01' a:-rency thel'eof. 28 USC 1825, or on behalf of a defendant who is financially unable to :pay sueh costs
(Itule 17 (b}. Rules Criminal '
to Testify
'''' ,:-== =========-=
-.
llntteb &tates itatrtrt. ctruurt
FOR THE
NORTHERN DISTRICT OF TEXAS AT .DALLAS
v.
JOHN W. PRICE
No. CR 3-76-4
Mr. W. B. Post
To c/o Fidelity Title Company
Post. Oice Box 24711
Dallas, Texas 75224
You arc he1"eby commanded to appear in the United States District for the Northern
District of Texas at Federal Building, Room l6G28, 1100 Commerce, in the city of
States.
Service Fees
1976
on
at 8: 30
I served it on the
Travel.. .. _._ ... _.. ._ $
Services __ . _
Total .... $
, In.;cl't "Cnill'd States," or "uefendant" as the case may be,'
10'(:(''': alld need not.he tendered to the witness upon service of a subpoena iss.ued in behalf of the United Staies
"1' Hn Onitl'l' ur thet'cof. 28 USC 1825, or on behaU of a defendant who is. financially unable to pay such costs
(Rule 17 (bJ . J<'edN'al Rules Criminal Procedure). '
...-.... '-
.
to Testify
=-...:o=.' :"".==-==' ==::.========
Cr. Form No. 20 (Re\". 6-GB I
--================
lltutteb itatrtr! Qrnurt
FOR THE
UNITED STATES OF AMERICA.
v.
JOHN W. PRICE
No. CR 3-76-4
Leon J. Gauthier
To 2001 Bryan Tower, Suite 630
Dallas, Texas
'You aTe heTeby commanded to appear in the United States District Court for the Northern
District of Texas at Federal Building, Room'16G28, 1100 Gommerce, in the city of
Dallas, Texas on the 22nd day of November 19
76
at
Uz S', OISTR!C'" COtJRll
t tif
0 th b totl d NOR1l-lERN DISTP.lC> OF
CS 'Y 10 e a ove-en 1 e case. ]J Tj P"'"' D
1Ft u t; [=1
, .u ,I';l..L!o::=I
This subpoena is issued on application of the! United States.
U::'r') 7 'i976
to
I served it on the
on
Service
__lQ . , 19_7.9_. ,a.CSEeH
ALVIN H. BADGER
!o;-Unltea.-States-
J, 8-,__11QQ__C
Dallas, Texas 75242
PH: 214-749-3491 RETURN
Received this subpoena at
?n .'"\\\:5\1& at 1 1 -e...'I<':e-.;
'wlthm named
Ly delivering a copy to ".,..... .. eage
allowerl by law. --'-----="""' .......... '1- w
...
By __ .. __. -' ... . .... :- .. . .
Travel. _.. $
Services _ .. _
Total __... _. $
"\'l1iu'(}'St<tks," or "defendant" as the case may he.'
"nd mileage need not be tendered to t.he witness upon service of a subpoena issued in behalf -of the United States
0]' an "f1il'<'l' VI' tht!l'eof. 28 USC 1825, 01' on behal:f of a defendant who is financially unable to pay such costs
(Rule 17 (b), Fedl'ral Rules Criminal Procedure).
) \ ~ . ~ \ J
; )
UNITED STATES OF AMERICA *
*
v.
JOHN WILEY PRICE
* CRIMINAL NO. 3-76-004
*
*
GOVERNMENT I S REQUESTED INSTRUCTIONS
COMES NOW the United States Attorney for the
Northern District of Texas and respectfully submits to the
Court the attached Government(s Requeste4 Instructions.
MICHAEL P. GARNES
ALVIN H. BADGER, Assi ant
I
,
:-., ....
Presumption of Innocence and Burden of Proof
The law presumes a defendant to of crime.
Thus a defendant, although accused, begins the trial with a "clean
slate"---with no evidence against him her. And the law permits
nothing but legal evidence presented before the jury to be con-
sidered iri support of any charge against the accused. So the
presumption of alone is sufficient to acquit a defendant,
unless the jurors are satisfied beyond a reasonable doubt of the
defendant's guilt after careful and impartial consideration of all
the evidence in the case.
In a criminal there is absolutely no obligation of
the defendant to prove his innocence. The burden of proving his or
her guilt on anyone of the counts in the indictment beyond a rea-
sonable doubt rests solely on the prosecution. That burden never
shifts and that burden cannot unless and until. the
proof offered by the Government in the case convince.s you beyond a
'reasonable doubt of the guilt of the defendant.
'The term reasonable doubt which is used in this charge
'means a "doubt based upon reason ari.sing out of the evidence or lack.
of evidence in the case. A doubt is such doubt as leaves
the juror's mind so undecided that he or she does not have an
.,.
abiding conviction of the defendant's guilt after a fUll and
'consideration of all of the evidence in the case.
It is not required that the government prove guilt beyond
all possibie doubt. The test is one of reasonable doubt based upon
therefore, be proof of such a convincing character that you would
not hesi1<ate to act* upon it in the most of your own
Reasonable doubt does not arise from a mere conjecture,
:..
.
reason and common sense. Proof beyond a reasonable doubt must,
speculation or. whim, nor does it arise from a reluctance to convict
through a feeling of sympathy or mercy. A reasonable doubt is a
JDevitt and Blackmar ll.Ol recommended
* Underscored language 17 '. by the Sth circuit; see u.s. v.
Richmond, 504 F. 2d 357 J 361' (51-]. Cir. 1974).
Jury must be instructed on presumption of innocence as in manner
indicated in first of instruction, supra. u.s. v. Nelson, 49B F.2d
1247 (5th Cir. 1974).
-1-
conscientious belief arising only after a calm, dispassionate and
impartial consideration of all the evidence .
It is your duty to consider carefully all of
the evidence before you. If the Government has established each
and .all of the essential elements as I have given them to you
contained and charged in the grand jury indictment beyond 'a rea-
sonable doubt as ,to the defendant, then you may find the defendant
guilty on that particular count. On the other hand, if you find
that the Government has not established or has failed to establish
each and all of the essential elements in any count of the indict-
ment beyond a reasonable doubt as to the defendant, then you
.. . acquit the defendant and say so by your of not guilty as to
that particular count in the indictment
..
-.
. "
....:'
-2':
r
STATUTE OF ALLEGED OFFENSE
The defendant is charged with the offense of violating
Section 1014 of Title 18 of the united States Code which provides
in pertinent part that:
"Whoever knowingly makes any false statement or
report, ... for the purpose of influencing in
any '-lay the action of ... any bank the deposits
of which are insured by the Federal Deposit In-
suranoe Corporation, .. upon any application, ...
commitment, or loan, or any change or extension
of any of the same, by renewal, deferment of
action, or otherwise, or the acceptance, release,
or substitution of security, t h e r e f o r ~ ,
shall be guilty of an offense against the laws of the United States.
-3-
-
Essential Elements
The burden is on the Government to prove the defendant's
guilt beyond a reasonable doubt. This burden exists as to each of
the elements of the offense charged in the indictment,
which are as follows:
FInST: That on or about May 1, 1974, the defendant,
JOHN WILEY PRICE, made a materially false statement to the
Guaranty Bank in Dallas, Texas.
SECOND: That JOHN WILEY PRICE knew that the statement
was false when made.
THIRD: That JOHN WILEY PRICE made the alleged false
statement with the intention of influencing the action of the
Guaranty Bank to approve JOHN WILEY PRICE'S loan application.
F'QURTH: That the deposits of the Guaranty Bank were
il\sured by the Federal Deposit Corporation.
-4-
DEFINITIONS AND EXPLANATION OF ELEMENTS
You are advised that to act "for the purpose of
influencing" means the false statement must have been made
with the intent to mislead the officials of the bank involved.
The intent to mislead the bank and the falsity of
the statement must be present at the time the statement is
made.
You are further advised that a statement or report is
"false" and "fictitious" if untrue when made and then known to
be untrue by the person making it.
The meaning of the word "make" as used in this statute
is to put forth, give out, deliver, or inform by speech.
Further, an act is done "knowingly" if done voluntarily
and intentionally, and not because of mistake or accident or other
innocent reason.
An act is done "wilfully" if done voluntarily and
intentionally and with the specific intent to do something the
law forbids; that is to say, with bad purpose either to disobey
or disregard the law. The word "knowingly" is added in order
to insure that no one would be convicted who made (or caused to
be made) a statement or representation which was false because
of mistake or accident or other innocent reason.
If you find that the accused did not knowingly and
wilfully make any false statement or cause any to be made, you
should acquit the accused.
-5-
MATERIALITY OF STATEMENT
The subject matter of any alleged false statement to a
federally insured bank must be matarial in natura. The require-
ment of materiality does not mean that alleged false statement
must be of such a nature that the bank would necessarily rely
upon it in taking action. All that is necessary is tbat tho
statement have the capacity to influence the decision-making
processes of the bank.
united States v. Kernodle, (OCNC 1973) 367 F. Supp. 844

Dntted States v. 3) 458 F.2d 226
-6 -
Lack of Reliance by Bank - No Defense
The gist of the offense is the alleged making of a false statement
by the defendant to a federally insured bank with the specific
intent of influencing the action of the bank. Reliance by the
bank on an alleged false statement is not one of the essential
elements which the government has the burden of proving beyond
a reasonable doubt. Failure to prove reliance by the bank on an
alleged false statement by the defendant is not a defense to the
charge.
..
United States v. Sabatino, (C.A. 2) 485 P.2d 540, cert. denied
94 S.ct. 1469, 415 U.S. 948
Kay v. United States, (s.Ct. 303 U.S. 1, 58 S.Ct. 468
United States v. Goberman, (C.A. 3) 458 F.2d 226
Poulos v. United States, (C.A. 10) 387 P.2d 4
Blake v. United States, (C.A. 8) 323 F.2d 245
-7-
Intention to Repay Loan - No Defense
Evidence of the defendant's intent or desire to repay
the loan in question is not a defense. The offense of making a
false statement to a federally insured bank is complete when
a defendant knowingly makes a false statement to a federally
insured bank with the intent that the false stacement would
influence the action o the bank. Subsequent repayment of the
loan does not erase or do away with the offense once c o ~ t t e d .
united States v. Sabatino, (C.A. 2), 485 F.2d 540, cert. denied
94 S.Ct. 1469, 415 U.S. 948
-8-
"Se.ecific Intent" Defined
The crime charged in this case is a.sarious c;rime" which requires
of intent before th'e defendant can be convicted.
Specific intent, as the term means more than the general
intent to commit the act: To ,establish specific intent the'
government ,must prove th.at the defendant knowingly did an act
which the law forbids, (or failed to do an act which
,
the law requires,) purposely to violate the law. Such
intent may be all 'the facts and circumstances
surrounding the case.
'",,-
"
.' ,
..
."
-
"
, .
:* ._ ....
, '
". " .
. ....
.',
"0,
. : .....
"
-'.
Devitt and 13.03
' ", -0&' ... -' ":' ......
, -
'-
, "

. . -: - . "'''' .
-9-
.:
: .
.O'; ',*
:. ..
: :.
. .
' .
Di:-ect 2nd Eviccnce -- Tv;>e D. Evicc-nc...-
- -- - ---------_. __.__.---... ..
There two types of evidence a jury find
a.defendantguilty of 2 crime. is direct evidence -- such
the testimony of an e)'e,,'i tness. !The other is circumstantial
-- the'proof of a chain circurr:stances pointing to
the commission of the
The law makes no distinction direct and circumstantial
.
evidence. It requires only that the jury be convinced of a
<
defendant's guilt beyond a reasopable doubt from all the
evidence in the case.
,.
--
-.. ".
i .....
.._ -. '0. ..
u. s.
v. Davis,
443 F.2d 560 5, 1971)

: ... "." .
.:...
'.
'"
. .
, .
:
_.-
.. -
..
.'
-10-
"0 ...
" ."
... ...... " .
....
...
"0: : ... ' ......
.: ..
'.
.'
Proof of Intent
Intent be proved by circumstan.tial evi.dence. Indeed, it can
rarely be est?blished by 2ny' other IiJeans. Hhile witnesses may
see and hear and so be able to give direct evidence of what a
or fails to do, of course there can be no eyewitness
account of the state, of mind with which the acts were done or
omitted. But what a defendant does, or fails to do, may indicate.
or iack of intent, to commit the offense
Unless otherwise instructed, in determining the issue as to
.intent, the jury is entitled to consider any statements made
-..
and acts done or omitted by the accused. and all and
in evidence in the case which may aid determination
state of
....:
'.
.........
"
Aeapted from !':athes End Devitt, lO.06
.'
' ..:
.. .. -' .. . ..
.. ' ... :. " -.::": ..
:' .. ..-. .'
.. .. ':,.. : '"
.,
-11-
. :'.
.' '.
.".
. .'
....; ...
INTENT - INFERENCE OF KNOWING ACTS
It is reasonable to infer that a person ordinarily intends the
natural and probable consequences of his knowing acts. The jury
may draw-the infe:x:ence that the -accused intended all of the con-
sequences which one standing in like circumstances and possessing
like knowledge shou1d,reasonably have expected to result from any
intentional act or conscious omission. Any such inference drawn
is entitled to be considered by the jury in determining whether
or not the government has proved beyond a reasonable doubt that
the defendant possessed the required criminal intent.
United States v. Wilkinson', 460 'F.2d 725, 733 (1972)
5th Circuit
-12-
Exculpatory Statements--Later Shown False
Conduct of a defendant, including statements knowingly
made and acts knowingly done upon being informed that a crime has
been committed, or upon being confronted with a criminal charge,
may be considered by the jury in the light of all other evidence
in the' case, in determining guilt or innocence.
When a defendant voluntarily and intentionally offers an
explanation, or makes some statement tending to show his innocence,
and this explanation or statement is later shown to be false, the
jury consider whether this circumstantial evidence points to a
consciousness of guilt. Ordinarily, it is reasonable to infer that
an innocent person does not usually find it necessary to invent or
an explanation or statement tending to establish his
innocence.
Whether or not evidence as to a defendant's voluntary
explanation or statement points to a consciousness of guilt, and

the significance to be attached to any such evidence, are matters
exclusively within the province of the jury.
statement or an act is "knowingly" made or done, if
made or done voluntarily and intentionally, and not because of
mistake or accident or other innocent reason.
The jury will always bear in mind that the law never"
imposes upon a defendant in a criminal case the burden or duty of
calling any witnesses or producing any evidence.
Devitt and Blackmar ll.20. In Government of the Virgin Islands
v. Lovell, 378 F.2d 799 (3rd Cir. 1967), court said that this
instruction had received "widespread acceptance."
-13-
Testimony of Defendant
A defendant who wishes to testifr is a competent witness.
However, in determining tbe degree of credibility that can be
afforced to the defendant's testimony, you are entitled to take
into consideration the fact that he is the defendant and has a
very keen personal in the result of your verdict.
u.s. V. Saletko, 452 F.2d 198 (CA 7, 1971)
Nelson v. U.S., 415 F.2d 483, 487 (CA 5, 1969)
OR IN THE ALTERNATIVE:
.-
Failure of Defendant to Testify
A defendant cannot, in a criminal trial, be. compelled
to take the witness stand he testifies, or
does not testify, is a matter of his own choosing and you are
. .
not to draw any inference of guilt. from his fail'Ure to testiy.
The defendant is not on trial for any act or condu.ct not alleged
in the indictment.
."
.:
'.
-14-
F"
'.
"On or About" Defined
You will note the indictment charges that the offense was
comrnitted"on or about" certain date:s. The proof need not
establish with certainty the exact dates of the alleged offense.
It is sufficient if the evidence in the case establishes be-
yond a reasonable doubt that the offense was committed on
dates reasonably near the dates
and Blackmar 14.02
-15-
c -

Credibility of Wftnesses - Discrepancies in Testimony
You, as jurors, are the sole judges of of the
witnesses and the weight their testimony deserves.
should carefully scrutinize all the testimony given, the
circumstances under which each witness has testified, .and every
matter in evidence which tends to show whether a witness is,
worthy of belief. Consider each witness's intelligence, motive
and state of mind, and demeanor and manner 'while on the stand.
Consider the witness's ability to observe the matters as to
which he has testified, and whether he impresses you as having
an accurate recollection of these matters. Consider also any
relation each witness may bear to either side of the case; the
manner in which each witness might be affected by the verdict;
and the extent to which, if at all, each witness is either
supported or contradicted by other evidence in the case.
Inconsistencies or discrepancies in the testimony of a witness,
or between the testimony of different witnesses, mayor may not
cause the to discredit such testimony. Two or more persons
witnessing an incident a trans.action may see or hear it
differently; and innocent misrecollection, like failure of
recollection, is not 'an uncommon experience. In weighing the
effect of a discrepancy, always consider Whether it pertains to a
matter of importance or an unimportant detail. and whether the
discrepancy results innocent error or intentional falsehood.
After making your own judgment. you will give the testimony of
each witness such credibility, if any, as you may think it
deserves:
Devitt and Blackmar, 12.01
-16-
Evidence in the Case--Stipulations--Inferences Permitted
ptatements and of counsel are not evidence in
the case, unless made as an or of fact. When
the attorneys on both sides stipulate or agree as to the existence
of a fact, you must, unless otherwise instructed, accept the stipu-
lation as evidence, and regard that fact as proved.
- .
Unless you otherwise instructed, the evidence in the
case always consists of the sworn testimony of the witnesses, re-
..
gardless of who may have called and all exhibits received
in evidence, regardless of who may have produced them; and all
facts and which may have been jUdicially noticed; and all
applicable stated in these instructions.
Any evidence as to which was sustained by
the. Court, and any evidence ordered stricken by the Court, must be
entirely disregarded.
Unless you are otherwise instructed, anything you may
have seen or heard outside the courtroom is not evidence, and must
be entirely disregarded
. - You are to consider only t..'I1e evidence 'in the case. But
:in your consideration of the evidence, you are" not limited to the
bald of the witnesses. -In other words, you are not
, .
limited solel.y to what you see and hear as the witnesses testify.
You are permitted to draw7 from facts which you find have been
proved, such reasonable inferences as you feel are -justified in
the light of experience.
Devitt and Blackmar
Inferences Defined
.. _.
",
' ....
.-
Inferer.ces are or re=san
and common sense lead tl;e jury to draw from facts which have been
established by the evidence in" tlie case.
Devitt and SII.OS
.
-17-

VS.
JOHN WILEY PRICE

(

IN THE UNITED STATES DISTRICT COU I LED
DALLAS DIVISION
Derendant herein, JOHN WILEY PRICE, respectrully
submits to the Court the attached Requested Instructions:
Respectfully sUbmitted,
JOHNSTON, LARSON &DIXON
1002 Main Bank Building
Dallas, Texas 75202
741-2958
742-3847
: C&RT-IFLGA'l'E OF :SERVICE
This is to that a copy of the foregoing
Defendant's Requested Instructions has been hand delivered
to the office of Alvin Badger, Assistant United States Attorney,
United States Courthouse, 1100 Commerce Street, Dallas, Texas,
75202, on this the .--.f1- day of November, 1976.
-1-
"SPECIFTC "INTENT-
The crime charged in this case includes the element
of specific intent to influence the action of the bank. To
establish specific intent the government must prove that the
defendant knowingly did an act which the law forbids purposely
intending to violate the law. The defendant contends that
he had no knowledge that the construction contract was forged,
if, in fact it was forged. The defendant also contends that
the bank officer knew at the time the contract was presented to
the bank that much of the construction had already been
completed and that some of the proceeds of the loan were to be
used to payoff the defendant's preexisting indebtedness to
that bank and not for the purpose of improving the house in
question. If you find that the bank loan officer was aware
of the above facts, then the bank could not have been influenced
by the facts. Then you must find as a matter of law that the
defendant lacked the specific intent to influence the
action of the bank, and you would find the defendant !lnot
guilty."
-2-
MATERIALITY OP THE STATEY.ENT
The making of a false statement to a federally in-
sured bank 1s not an offense unless the statement 1s a
material statement. Where it 1s not sbown that a particular
statement could have affected the action of the bank, it 1s
not a material statement. United States v. Beer, 516 F2d
16B (5th Cir. 1975).
-3-
,
Subpoena to Testify
itstrirt ClTnurt
FOR THE
j.\0 v-+L.4MA ttt t c.+ ,,;.. leJCa. 5
Cr. Forti> No. 20 (kv. 5.68)
v.
W. (,
To ft. 1-. S
No. 3 -7" - 00 t.J.
You are hereby commanded to appear in the United States pistrict Court for the AJ
District of Tc<- lC..o. in the city of
Received this subpoena at "'3 P. M..
and on at 11.'00 1\-.A.1..
within named 4e. 'S....lAWCL...
by delivering a copy to and tendering' to k
allowed by law.
Service Fees
TraveL $ 1_
00
Services __.. QD.oo
TotaL ----_- $ . Qu
on I" l<t?c.
I served it on the
the fee for one day's attendance and the mileage
By __
1 "United States" or as the case may be.
2 Fees and mileage need. not be tendered to the witness upon service of a sub)Joena issued in behalf of the United States
or an officer 01' a.gcncy thereof. 28 USC 1826, Or on behalf of a defendant who is financially unable to pay such costs
(Rule 17(b), Federal Rules Criminal Procedure).
C"
Subpoena to Testify
lluttrb 1!Itntrtrt arnurt
FOR THE
D"+W2MA ..
Cr. Fo:rtn No. 20
You arf; hereby commanded to appear in the United States District Court for the Norf4en,.
District of (e. j( 0.. c; in the city of
Service Fees
TraveL $
Services
TotaL $
By _
to
on ",l';?j
I served it on the
--Iht':------------.
1 Insert "Uniteq States." or as the ease may be.
2 Fees and mileage need not be tendered to the witness upon service of a subpoena issued in behalf of the United States
or an officer or agency thereof. 28 USC 1825, or ()n behalf of a defendant who is financially unable to pay such costs
(Rule 17(b), Federal Rules Criminal Procedure).
United States of Amerita vs. United States District Court for
DEFENDANT
L
OOCKET NO. _J
l-.J NOT GUilTY
3
1n the prerence of the auorney for the government IMONni CAV VEAR I
the defcndantappeared in person on this date .. . Nov. 23 1976
CDUNSEL L-.J WITHOUT COUNSEL However the court adlllsed defendant of right to counsel and asked wllether defendant desired to
havo coon"" appoInted bV the court and the defendant thereupon waIved assIstance of counsel.
LX...J WITH COUNSEL L_ ...loh'Cl tOIL J
(Name of counsel)
GUILTY, and the court being satisfied that L-.J NOLO CONTENDERE,
there is a factual basis for the plea,
t
L1L.J NOT GUILTY. Defendant i. discharged
There being aXiffi2fRg/verdict of
L.-.J GUILTY.
Defendant has been convicted as charged of the offeme(s) of
FINDING &
JUDGMENT
.. "
The court i1SlIod..w"etber defendant had anylhlng to s:ay whl/>lucfgment should nol t>e pronounced:Secause no sufficient cause to tile contrary
WiS shown, or appeared. to the court, Ihe'court adjudged ,tic d<fen<l&nl eultty .. ch.rged and convicted and ordered tha" The defendant Is
hereby committed to the custody of Ihe Anomey Gener:ol 'Or his authorized representative for imprisonment for a Period of
SENTENCE
DR
PROBATIDN
ORDER
sPECIAL
CONDITIONS
OF
PROBATION
":. '.
ADDITIONAL
CONDITIONS
OF
PROBATION
In addition to the speel.1 condition. of proootion imp_d above, it is helelly'ordered.t1,anho genenl oondltlons of prollalion set oul on th.
side of this judgmenl imposc<l. The COurt may ehan;e Ihe conallions of prObation, ",duee or ext nd li,. period of prob.llion, and.1
any lime during the probation period or wiUJln a maximum probation period of five years permlttetl by law, may issue. warrant >Ild revoke
prob_lIon for;\ vlol.lion oceumnU durillg.lhe probation_period. _. _ . .. .. :
The courtorder. commitment to the rostody, of the Attorney GeneIaI and
COMMITMENT
RECDMMEN
DATION
51GNEDBV )'.
u.s. ....
L....l u.s. Mag',!rat. ...
oot. 11/23/76

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I:

Aor 7 _Lf Filed Deft s BRIEF IN __ _

... ?i!":""'P",iQ\W. # ......; $@ ::w*t:wc

1. The Defendant fully understood the nature of the

IN THE UNITED STATES DISTRICT COURT

Court in this cause were products of the defendant's successful

can only be described by reasonable men as frivolous and filed

united States v. Kernodle, (OCNC 1973) 367 F. Supp. 844

explanation or statement points to a consciousness of guilt, and

CRIMINAL NO. 3-76-004

UNITED STATES OF AMERICA

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