Joseph David Timothy Crispo v. United States

Crispo appeals from an order denying his motion under 28 U.S.C. § 2255 to vacate concurrent twenty-year sentences entered pursuant to his plea of guilty to each of three counts of bank robbery. Attaching two supporting affidavits, he alleged that his pleas were the result of a promise made to him by his attorney that he would only be sentenced to fifteen years on a count under which he had already served over four years and that he would only receive concurrent ten-year sentences on the other two counts. Crispo further alleged that the count under which he had served a partial sentence was transferred from the Eastern tp the Northern District of California in violation of Rule 20(a), Fed.R.Crim.P., which requires the written consent of the accused for such a transfer. We reverse and remand for an evidentiary hearing on both allegations.

Ordered to show cause, the Government responded to Crispo’s motion with two affidavits of its own. These contained representations by the U.S. Attorney in charge of Crispo’s prosecution and by Crispo’s attorney that nothing had ever been promised to Crispo. Apparently in sole reliance upon the affidavits before it, the District Court denied…