Anthony Correale v. United States

COFFIN, Chief Judge.

This appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255 requires examination of prosecuto-rial obligations in plea bargaining.

Appellant, incarcerated on October 15, 1970 in state prison under a 4-to-8 year state sentence, was indicted in December 1970 in the District of New Hampshire as an accomplice to a bank robbery. After discussions between appellant’s counsel and the United States Attorney, and, of course, conversations between counsel and appellant, he changed his plea to guilty on July 23, 1971, at which time the government made a sentence…