Gregory Micklus v. United States

Micklus, a prisoner in federal custody, appeals from a denial, without a hearing, of his motion to vacate his sentence under 28 U.S.C. § 2255 . Micklus makes two claims, which we consider separately.

I. Misinformation as to possible maximum penalty.

Micklus was charged in one count with bank robbery under 18 U.S.C. § 2113 (a), and in a second count with bank robbery including assault with a dangerous weapon under 18 U.S.C. § 2113 (d). In a separate case, he was charged with escape, presumably under 18 U.S.C. § 751 (a). He bargained for a plea, and part of the bargain was that if he pled guilty to the second count, under § 2113(d), the first count under § 2113(a) and the escape charge would be dismissed. He was told by the judge that if he pled guilty to the second count, he could get up to 25 years in prison plus $10,000 and that the court could sentence him under the Youth Corrections Act up to four years plus a conditional release for two years. The court also stated, in his presence, that the maximum sentence on the escape charge was five years and $5,000. Micklus entered a guilty plea, and told the court, briefly, what he had done: robbed the bank and in doing so…