Albert Arroyo Palomino v. United States

Albert A. Palomino appeals from a district court order, entered without hearing, denying his application under 28 U.S.C. § 2255 (1964), to set aside a judgment of conviction and fifteen-year sentence entered on June 13,1961. The conviction followed Palomino’s plea of guilty to a charge of conspiracy to receive, conceal, sell and facilitate the transportation, concealment and sale of narcotic drugs, in violation of 21 U.S.C. § 174 (1958). The denial of a previous section 2255 application, challenging the sufficiency of the indictment, was affirmed in Palomino v. United States, 9 Cir., 318 F.2d 613 .

In his pending section 2255 application, Palomino alleged that the application should not have been denied without granting him an evidentiary hearing as to whether his plea of guilty was made voluntarily with understanding of the nature of the charge because: (1) in accepting his plea of guilty on May 15, 1961, the district court failed to follow the procedures then prescribed in Rule 11, Federal Rules of Criminal Procedure; and (2) the factual allegations, made in support of his contention that he did not plead guilty voluntarily with understanding of the nature of the charge,…