U.S. v. Crook, 79-2559
Decision Date | 27 November 1979 |
Docket Number | No. 79-2559,79-2559 |
Citation | 607 F.2d 670 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. John Rudolph CROOK, Defendant-Appellant. Summary Calendar. * |
Court | U.S. Court of Appeals — Fifth Circuit |
John Rudolph Crook, pro se.
J. R. Brooks, U. S. Atty., Michael V. Rasmussen, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama.
Before COLEMAN, FRANK M. JOHNSON, Jr., and GARZA, Circuit Judges.
This is an appeal from the denial of a pro se petition for relief filed under 28 U.S.C. § 2255. For the reasons set forth below, we affirm the district court.
On December 18, 1978, John Rudolph Crook, the appellant, entered a plea of guilty to one count of possession of heroin with intent to distribute. 21 U.S.C. § 841(a)(1). He was sentenced to ten years' imprisonment and ten years of special parole.
At the guilty plea proceedings, the district judge informed Crook that the maximum sentence for his offense was fifteen years or $25,000 or both, plus a special parole term of not less than three years. Crook contends that the judge violated Rule 11 of the Federal Rules of Criminal Procedure by failing to explain that there was no statutory maximum on the length of the special parole term he could impose. See Fed.R.Cr.P. 11(c)(1) ( ).
We find this contention to be without merit. In open court and after Crook was sworn, the exchange at issue was recorded as follows:
There was no violation of the rule as contended.
But even assuming such a violation, Crook is not entitled to relief. Although Crook now alleges that he was unaware of the unlimited possible length of the special parole term, he does not contend that if he had been so advised he would not have pled guilty. He claims only a technical violation of the rule. It is well-established that such a claim does not justify collateral relief. United States v. Timmreck, 441 U.S. 780, 99 S.Ct. 2085, 60 L.Ed.2d 634 (1979); Lambert v. United States, 600 F.2d 476, 477 (5th Cir. 1979) (applying Timmreck ). See also Keel v. United States, 585 F.2d 110 (5th Cir. 1978) (en banc).
Crook's other claim is that he was denied the effective assistance of counsel and that he was entitled to an evidentiary hearing in order to prove such denial.
This claim is also without merit. In this Circuit, in cases in which a guilty plea is entered, the duty of defense counsel is to...
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