United States v. Lewis Lee Boniface
Opinion
Opinion
Choy, J.
Petitioner Lewis Lee Boniface appeals from the denial of his motion to vacate conviction and sentence under 28 U.S.C. § 2255 . We affirm.
I. Statement of the case
Petitioner Boniface and others were indicted by a federal grand jury on charges of conspiracy, making a destructive device, possessing a destructive device, damaging and destroying property, and aiding and abetting. Counsel was appointed for petitioner and he entered a plea of not guilty on all counts. Trial was set for May 20, 1975.
On May 19, 1975, Boniface changed his plea to guilty as to count seven of the indictment in return for dismissal of the other thirteen counts. He was sentenced to ten years imprisonment on count seven.
On February 3, 1978, Boniface filed his motion to vacate conviction and sentence under 28 U.S.C. § 2255 . A month later he filed for a writ of habeas corpus under 28 U.S.C. § 2243 , which was denied four days later. The district court also denied the § 2255 petition. This appeal followed.
II. The § 2255 proceeding
Boniface first attacks the manner in which the § 2255 proceedings were conducted. In this regard he makes three claims.