Jerry Spencer Diamond v. United States

Petitioner was charged with two counts of violating the Mann Act. On a compromise plea, on the advice of his appointed counsel (an experienced criminal trial lawyer), he entered his plea of guilty to the second count. Count I was dismissed.

This is an appeal from the denial of his motion for relief under 28 U.S.C. § 2255 . The grounds urged by petitioner are two — first, that his attorney was ineffective and wrongfully counseled the guilty plea — second, that his plea of guilty was the result of physical coercion — beating and “rape” by the staff of the Los Angeles County Jail, where he was held during his federal trial.

The district court judge taking petitioner’s plea was the same judge who heard the § 2255 petition. Rule 11, Fed.R.Crim.Pro., requires the trial court not to accept the plea without first determining the plea was made voluntarily with understanding of the nature of the charge. Although petitioner entered his plea on February 21, 1966, prior .to the July 1, 1966 effective date of the amendment of Rule 11, the transcript of trial proceedings shows that the trial judge both first addressed the defendant personally, and that he explained to petitioner the…