Robert Miles Reiff v. United States

Good Law
299 F.2d 366
United States Court of Appeals for the Ninth CircuitMay 18, 196217578California785 words

Opinion

Opinion

This is an appeal from a judgment denying appellant’s petition brought under Section 2255, Title 28 of the United States Code, after hearing was had in the district court on June 6th, 1961, at which petitioner was present.

Briefly, petitioner had alleged that his attorney had promised he would receive a suspended sentence or probation if he entered a plea of guilty; that his attorney had not made any effort on his. behalf, particularly to obtain letters as. to his character and background; and, that there had been an abortive and unsuccessful attempt to bribe someone. The court below found that no false promises had been made by the attorney to the petitioner; that the petitioner had been informed of the violation and penalties provided by law for the offenses committed; that he was not promised any special treatment, nor probation, nor a suspended sentence. The court further found that petitioner’s attorney had made substantial efforts on his behalf; that more than a usual number of persons interested in the appellant’s case were heard by the court; and, because the court below had heavily relied in fixing sentence upon the report of the probation officer, that report should be,…

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