United States v. Aaron Odell Crank

Appellant appeals from a denial of a petition for relief under 28 U.S.C.A. § 2255 , without an evidentiary hearing. We affirm.

Appellant had been charged in two indictments with various offenses under the narcotic laws. On February 14, 1969 he withdrew his plea of not guilty to Count II of one indictment, and Count VIII of the other, entered pleas of guilty and was subsequently sentenced to 10 years imprisonment on each count, to run concurrently.

Appellant contends (1) that there was a failure to comply with Rule 11, Fed. Rules of Crim. Procedure at the time his guilty pleas were entered, and (2) that he should have been afforded an eviden-tiary hearing on his contention that his guilty pleas were coerced by threats and promises of his own attorney.

The district judge advised him of the penalty on each count and properly inquired and ascertained that his pleas were voluntary. Both charges were read to appellant. Count VIII in indictment No. 51578 alleged that he and one Theresa Miller, sold and distributed heroin which was not in or from the original stamped package, to Seattle police officer Rodeghier, in violation of 26 U.S.C. § 4704 (a) and 18 U.S.C. § 2 . Count II in…