Daniel S. Berlanga v. United States
Cases that cite this one
7 later published cases cite this decision.
- Hugh Howard Polk v. United States (5th Cir. 1971)
- United States v. Richard J. Frontero (5th Cir. 1971)
- Morrison v. United States (District Court, N.D. Texas 1971)
- Alton Z. Howard v. United States (5th Cir. 1970)
- Ruben Torres Mejia v. United States (5th Cir. 1970)
- Arnold I. Rosenbaum v. United States (5th Cir. 1969)
- Quillien v. Leeke (District Court, D. South Carolina 1969)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The appellant’s motion under 28 U.S.C. § 2255 makes a two point attack upon the validity of his conviction upon his plea of guilty to each of four counts charging him with narcotics violations under 21 U.S.C. § 174 and 26 U.S.C. § 4705(a): (1) the trial judge failed to comply with the provisions of Rule 11, F.R.Crim.P.; and (2) the appellant had been led to believe that he would receive the minimum sentence, whereas he received a sentence of twelve years.
The trial court correctly rejected the first claim on the ground that it was conclusively refuted by the files and records in the case. Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963); Smith v. United States, 5 Cir., 265 F.2d 14 (1959); Helpman v. United States, 5 Cir., 373 F.2d 401 (1967); Pursley v. United States, 5 Cir., 391 F.2d 224 (1968) [decided March 12, 1968]; Riggins v. United States, D.C.Tex., 255 F.Supp. 777 (1966), and cases therein cited.
There is no merit in the second contention because there is nothing in the record to indicate that the appellant’s belief was induced by conduct of any employee of the government or by any person connected with the prosecution. Moore v. United States, D.C.Tex., 236 F.Supp. 621, affirmed, 5 Cir., 334 F.2d 25 (1964).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.