United States v. Bernard Ulano

Ulano was convicted in 1977, on his guilty plea, of conspiracy to distribute cocaine ( 21 U.S.C. § 846 ) and sentenced to four years custody followed by a special parole term. Before he was sentenced, he moved to withdraw the guilty plea on the ground that it was not voluntarily and knowingly made. His appeal, United States v. Ulano, 9 Cir., 571 F.2d 589 , resulted in a remand to permit vacation of the sentence and consideration of the motion to withdraw the guilty plea. As the appeal had included an attack on the district judge who had taken the guilty plea, the matter was assigned to a district judge from outside the circuit. The sentence was vacated and an extensive evidentiary hearing was held, after which the new district judge ruled that the motion to vacate the guilty plea should be denied. He then resentenced Ulano to eight years custody and a special parole term of three years.

Ulano again appeals, asserting that the guilty plea should have been set aside on the ground that it was not voluntarily and knowingly made and that he was denied effective assistance of counsel. We have reviewed the record and conclude these arguments are without merit for the reasons expressed…