Ronald Dean Meeks v. United States

Good Law
427 F.2d 881
United States Court of Appeals for the Ninth CircuitJune 18, 197023193California298 words

Opinion

Opinion

Carter, J.

Appellant, charged with rape, pled guilty to the offense of an attempt to commit rape, and was sentenced to a term of 15 years. He petitioned under 28 U.S.C. § 2255 and the district court denied relief without a hearing.

The district court ordered prepared a transcript of proceedings, at which appellant, represented by counsel, entered his plea to a lesser and included offense. The transcript shows there was full compliance with the requirements of Rule 11, F.R.Crim.P.

Appellant claims that he alleged that his plea was entered as a result of promises, threats and coercion. The transcript showed that he admitted to the court at the time of plea that he had not been threatened and that no promises had been made.

Even though a district judge fully complies with Rule 11, and even though the defendant at the time of entering his plea denies that he was coerced, or that promises were made to him, if thereafter he alleges coercion or promises with sufficient specificity, it is the law that ordinarily and except in unusual cases, that the district court must grant a hearing. As late as May 4, 1970 in McMann v. Richardson, 397 U.S. 759 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 , the Supreme…

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