Ronald Lynn Johnson v. United States

Ronald Johnson petitioned the district court, 28 U.S.C. § 2255 , to set aside his March 30, 1973 plea of guilty to three counts of conspiracy to import and importation of marijuana into the United States. The district court denied the petition without a hearing, and Johnson appeals.

Johnson challenges his guilty plea on three grounds: (1) that the plea was based upon an erroneous belief that the admissibility of certain evidence against him could not be challenged; (2) that he was unaware of the nature of the special parole term mandated by 21 U.S.C. § 841 (b)(1)(B); and (3) that the plea was induced by promises to release his wife, who was being held in custody on related charges and who had allegedly suffered abuse from custodians and fellow inmates. We consider these contentions in order.

On October 4, 1972 Johnson and six other individuals were charged in the Southern District of California on a 64-count indictment involving the importation and distribution of marijuana. Shortly thereafter Johnson was charged in the Central District of California on a 62-count indictment involving the distribution of heroin. Both cases were based upon evidence obtained as a result…