Page:Picture Music v. Bourne.pdf/1

 "“A conviction after trial in which a coerced confession is introduced rests in part on the coerced confession, a constitutionally unacceptable basis for conviction …. The defendant who pleads guilty is in a different posture. He is convicted on his counseled admission in open court that he committed the crime charged against him. The prior confession is not the basis for the judgment, has never been offered in evidence at a trial, and may never be offered in evidence. Whether or not the advice the defendant received in the pre-Jackson [Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908] era would have been different had Jackson then been the law has no bearing on the accuracy of the defendant’s admission that he committed the crime.” McMann v. Richardson, supra, p. 773, 90 S.Ct. p. 1450."

We find no merit in appellant’s contentions. The district court’s denial of appellant’s motion is affirmed.

ELY, Circuit Judge (dissenting):

I respectfully dissent. The majority’s opinion is reasoned with careful intricacy, but I find myself unable to follow, to the end, the maze through which my Brothers wind to their conclusion. As I see it, the straight path has been marked by Weber v. United States, 402 U.S. 939, 91 S.Ct. 1633, 29 L.Ed.2d 107 (1971), vacating and remanding 429 F.2d 148 (9th Cir. 1970), and Castro v. United States, 403 U.S. 903, 91 S.Ct. 2215, 29 L.Ed.2d 678, vacating and remanding 436 F.2d 975 (9th Cir. 1971). See also Quijada Gaxiola v. United States, 435 F.2d 264, 266 (9th Cir. 1970) (concurring opinion). Following that path, I would vacate the conviction and remand the cause to the District Court for its reconsideration in the light of the new guidelines that I have specified and which have so recently been set.