Richard Castro v. United States

Richard Castro appeals from a district court order denying his application, made under 28 U.S.C. § 2255 (1964), to set aside an eight-year sentence imposed upon him. The sentence was imposed following his conviction on a plea of guilty to the first count of a four-count indictment, this count charging a violation of the Narcotic Drugs Import and Export Act, 35 Stat. 614 (1909), as amended, 21 U.S.C. § 174 (1964).

In his section 2255 application, Castro asserted that his plea of guilty was not voluntary and was not tendered and accepted in conformity with the provisions of Rule 11, Federal Rules of Criminal Procedure. In particular, Castro alleged that: (1) the court failed to inform him, in the manner prescribed in Heiden v. United States, 9 Cir., 353 F.2d 53 , of the allowable range of punishment which could be imposed upon him, and (2) he tendered his plea of guilty under the erroneous belief that he could not be imprisoned for more than five or six years under the Federal Youth Corrections Act, 18 U.S.C. § 5010 (b) (1964).

The district court denied the application without hearing. Castro then moved for reconsideration of the application, renewing the allegations referred to…