William Gabriel Lepera v. United States

William Lepera appeals from the district court’s denial of his petition for relief under 28 U.S.C. § 2255 . We affirm.

Lepera, a federal parolee, pleaded guilty to the charge of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 . The guilty plea was given in consideration of a representation by the prosecution and the district court that Lepera would receive a maximum sentence of three years imprisonment to run concurrently with any sentence that might be imposed for violation of his parole on a previous conviction.

Lepera was sentenced to three years imprisonment to be followed by a special parole term of three years. He was remanded to the custody of federal prison officials on April 25, 1975.

In June 1975, the United States Parole Board issued an application for a parole violation warrant against Lepera, and the application was lodged as a detainer at Lep-era’s place of incarceration. The Board told Lepera that the warrant would not be executed until he was released from prison on the conspiracy charge.

In February 1976, Lepera petitioned the district court, under 28 U.S.C. § 2255 , to set aside the guilty plea because the court violated Rule 11 of the…