United States v. Ronald Edmo

Edmo appeals from an order denying his motion for relief under 28 U.S.C. § 2255 . We affirm.

In his petition Edmo contended that his sentence was a denial of equal protection and a cruel and unusual punishment. He also maintained that his guilty plea was invalid because his attorney “led him to believe” that he would receive a lighter sentence than that actually imposed.

Edmo pleaded guilty in May of 1971 to two counts of forcibly breaking and entering a building during nighttime on an Indian Reservation with intent to commit larceny. He thus subjected himself to a possible sentence of not less than one nor more than fifteen years.

One Hill, Edmo’s co-defendant, also pleaded guilty to the same offense. In June 1971, Hill appeared for sentencing and was ordered to confinement for three years. It was Hill’s second serious offense. He had once before been convicted of a felony and received a suspended sentence.

Edmo, defaulting on his bond, failed to appear for sentencing and a bench warrant was issued for his arrest. When apprehended and brought before the court, he was sentenced to seven and one-half years. Edmo had previously been convicted of four felonies, consisting of…