United States v. Leroy Knockum

Leroy Knockum brings suit under the federal habeas corpus statute, 28 U.S.C. § 2255 , seeking vacation of his plea of guilty to a violation of RICO, 18 U.S.C. § 1962 (c). The district court denied his petition. We affirm.

BACKGROUND

On October 23, 1986 Knockum entered a plea of guilty to a one count information charging him with racketeering in violation of 18 U.S.C. § 1962 (c). The court fully informed him of all his rights, determined that he was competent to plead and was doing so voluntarily and heard the government’s unchallenged proffer of the evidence that it would produce to show Knoc-kum guilty of the predicate acts of arson and mail fraud charged in the information. The court told Knockum that it could sentence him to the maximum of 20 years, a fine of $25,000 and a forfeiture of all the property derived from the illegal activities. Satisfied that Knockum understood what might be in store for him, the court accepted his plea agreement.

The plea agreement itself was a four-page document, dated October 7, 1986, and executed both by Knockum and his attorney as well as by attorneys for the government. Knockum agreed to cooperate fully with federal prosecutors concerning…