Jose Moody v. United States

SPRECHER, Circuit Judge.

Although the conviction involved here is affirmed, we are using this appeal to attempt to forestall unnecessary appeals and retrials in the future based upon alleged plea bargaining not shown of record.

I

Defendant Jose Moody was indicted for possession, with intent to distribute, of approximately 295 grams of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A).

On August 28, 1972, he appeared with retained counsel and pleaded not guilty. On September 13, he reappeared with the same retained counsel and withdrew his not guilty plea and pleaded guilty. At that…