BERLANGA v. UNITED STATES

No. 25668.

394 F.2d 615 (1968)

Daniel S. BERLANGA Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 9, 1968.


Attorney(s) appearing for the Case

Daniel S. Berlanga, pro se.

Ralph H. Harris, III, Asst. U. S. Atty., San Antonio, Tex., Ernest Morgan, U. S. Atty., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and BREWSTER, District Judge.


PER CURIAM:

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...

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