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Masciola v. United States

United States Court of Appeals, Third Circuit
Nov 20, 1972
469 F.2d 1057 (3d Cir. 1972)

Summary

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that the court conducted a proper plea colloquy during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Cormier

Opinion

No. 72-1261.

Submitted October 30, 1972.

Decided November 20, 1972.

Ralph Masciola, pro se.

George E. Mittelholzer, Asst. U.S. Atty., Newark, N. J., for appellee.

Appeal from the United States District Court for the District of New Jersey.

Before KALODNER, ADAMS and MAX ROSENN, Circuit Judges.


OPINION OF THE COURT


Federal prisoner Ralph Masciola appeals the denial of a motion in the United States District Court for the District of New Jersey for post-conviction relief under 28 U.S.C. § 2255 and for permission to withdraw a guilty plea under Federal Rule of Criminal Procedure 32(d). The motion is premised on Masciola's allegation that his trial counsel inaccurately "assured" him that he would receive a concurrent sentence if he pleaded guilty. Inaccurate assurance by counsel, or erroneous expectations of defendant, as to sentencing are not in and of themselves grounds for reversal of a conviction or for permission to withdraw a guilty plea. We therefore affirm the district court's dismissal.

Masciola was indicted on December 15, 1969, for violation of 18 U.S.C. § 371, conspiracy to commit an offense against or defraud the United States. He withdrew an earlier not guilty plea and pleaded guilty on October 23, 1970. Masciola now alleges that both his counsel and counsel for a codefendant assured him at that time that any sentence would run concurrently with a sentence he was already serving. He does not indicate on what basis the assurances were made, nor does he allege any Government involvement in communicating to him the assurances. He also does not allege any understanding between him and the United States Attorney's office or the court. Subsequently, on March 15, 1971, Masciola was given a two year sentence to run consecutively following his prior seven year sentence.

At the time of his plea, Masciola answered affirmatively the presiding judge's questions whether he (1) knew the contents of the indictment; (2) knew the facts alleged in the indictment; (3) was voluntarily pleading guilty; (4) knew he could be sentenced to five years in prison or fined $10,000, or both; and (5) desired to forego a jury trial. He answered negatively questions whether he had received (1) threats or promises to induce the guilty plea, or (2) understandings as to what sentence he would receive.

In challenging the voluntariness of the guilty plea, Masciola filed affidavits with the district court reciting counsels' assurances. The Government moved to dismiss the petition. The court granted the petition to dismiss without a hearing, relying solely on the affidavits and the record of the pleading proceedings.

An erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary. Wellnitz v. Page, 420 F.2d 935 (10th Cir. 1970). Here, with no facts alleged to indicate that counsels' assurances were any more than predictions based on counsels' knowledge and experience the Wellnitz principle is applicable.

When the pleading proceedings record shows clearly that defendant was questioned as to the voluntariness of his plea, there is no need for an evidentiary hearing to reconsider the voluntariness issue when the only claim is that counsel inaccurately predicted the sentence. Swanson v. United States, 304 F.2d 865 (8th Cir.), cert. denied, 371 U.S. 894, 83 S.Ct. 194, 9 L.Ed.2d 127 (1962); Moore v. United States, 334 F.2d 25 (5th Cir. 1964). Defendant acknowledged when pleading that he was aware that he could be sentenced to five years. Any "understanding" he had as to the sentence was based only on counsels' assurances; he alleges no understanding with the prosecutor. Petitioner is therefore not aided by reliance on Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed. 2d 427 (1971), and, in view of the foregoing record in the plea proceedings, a post-conviction hearing is not required. Compare United States ex rel. Culbreath v. Rundle, 466 F.2d 730 (3d Cir. 1972). The district court committed no error in refusing to grant a § 2255 hearing.

The present case differs significantly from Castro v. United States, 396 F.2d 345 (9th Cir. 1968), relied on by appellant. There, a § 2255 hearing was ordered to determine voluntariness of a plea based on counsel's affidavit that he had erroneously advised defendant as to what sentence he would receive. The pleading proceedings record in Castro, however, unlike the present record, failed to show defendant's understanding of the consequences of a guilty plea. The court's only inquiry into the voluntariness of the Castro plea was to ask defendant's counsel if counsel had explained the consequences to defendant. It was impossible to ascertain from the pleading record in Castro whether defendant was aware of his possible sentence. That is not true here. Masciola explicitly told the presiding judge that he was aware he could be sentenced to five years.

Appellant is not aided by his reference to Rule 32(d), which allows withdrawal of a plea after conviction "to correct manifest injustice." Manifest injustice does not result from erroneous advice from counsel as to what sentence will be imposed. Smith v. United States, 116 U.S.App.D.C. 404, 324 F.2d 436, 440 (1963), cert. denied, 376 U.S. 957, 84 S.Ct. 978, 11 L.Ed.2d 975 (1964); Criser v. United States, 319 F.2d 849 (10th Cir. 1963).

The judgment of the district court will be affirmed.


Summaries of

Masciola v. United States

United States Court of Appeals, Third Circuit
Nov 20, 1972
469 F.2d 1057 (3d Cir. 1972)

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that the court conducted a proper plea colloquy during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Cormier

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from U.S. v. Shedrick

Holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where the record demonstrates that the court conducted a proper plea colloquy during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Haines

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Robinson

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. McCloskey

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" especially when the record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Williams

holding that "[a]n erroneous prediction of a sentence by by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from United States v. Beaulieu

holding "[a]n erroneous prediction of a sentence by the defendant's counsel does not render a guilty plea involuntary" when the record demonstrates that the defendant acknowledged he was aware of his maximum potential sentence

Summary of this case from Santiago v. U.S.

holding that "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" where record demonstrates that a proper plea colloquy took place during which defendant acknowledged that he was aware of his maximum potential sentence

Summary of this case from U.S. v. MacEwan

finding that evidentiary hearing was not required where the defendant did not indicate any basis on which the assurances were made, did not allege any Government involvement in communicating the assurances, and did not allege any understanding between him and the Unites States Attorney's Office or the court

Summary of this case from United States v. Hampton

finding "[a]n erroneous prediction of a sentence by defendant's counsel does not render a guilty plea involuntary" when the court conducted a proper colloquy and the defendant was informed of the maximum sentence

Summary of this case from United States v. Renzi

denying postconviction relief and noting that the petitioner did not "allege any Government involvement in communicating to him the assurances" that his two sentences would run concurrently

Summary of this case from U.S. v. Grant

In Masciola v. United States, 469 F.2d 1057, 1059 (3d Cir. 1972), we held that the due process lesson of Santobello was inapplicable where no promise or understanding had been breached by the Government prosecutor, and in Paradiso v. United States, 482 F.2d 409, 413 (3d Cir. 1973), we announced that, as a "prophylactic" measure, plea bargains should be placed on the record.

Summary of this case from United States v. Stassi

In Masciola v. United States, 469 F.2d 1057 (3d Cir. 1972), we held that the due process lesson of Santobello was inapplicable when no promise or understanding had been breached by Government prosecution.

Summary of this case from Paradiso v. United States

In Masciola v. United States, 469 F.2d 1057 (3d Cir. 1972), the court of appeals noted that "[a]n erroneous prediction of sentence by counsel does not render a guilty plea involuntary."

Summary of this case from U.S. v. Wilder

In Masciola v. United States, 469 F.2d 1057, 1059 (CA3 1972) the petitioner's trial counsel had inaccurately "assured him" that he would receive a concurrent sentence.

Summary of this case from Pickett v. State of Oklahoma

In Masciola v. United States, 469 F.2d 1057 (3d Cir. 1972), our Circuit held that the fact that counsel for the defendant assured the defendant that the Court would impose a concurrent sentence was not ground for post-conviction relief where such assurance was not a part of the understanding with the U.S. Attorney and was not made known to the Court.

Summary of this case from United States ex rel. Murphy v. Carlson

In Masciola v. United States, 469 F.2d 1057 (3d Cir. 1972), and in Paradiso v. United States, 482 F.2d 409 (3d Cir. 1973), the court held that such "predictions" by defendant's counsel did not render the plea involuntary.

Summary of this case from Dougherty v. United States
Case details for

Masciola v. United States

Case Details

Full title:RALPH MASCIOLA, APPELLANT, v. UNITED STATES OF AMERICA

Court:United States Court of Appeals, Third Circuit

Date published: Nov 20, 1972

Citations

469 F.2d 1057 (3d Cir. 1972)

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