United States v. Frank Richardson

GIBSON, Circuit Judge.

Defendant Frank Richardson appeals from a denial of his motion, pursuant to Fed.R.Crim.P. 32(d) and 28 U.S.C. § 2255, to vacate his sentence and allow withdrawal of his guilty plea. He was charged in six counts with distribution of heroin in violation of 21 U.S.C. § 841(a)(2). He originally entered a plea of not guilty, but on July 10, 1972, the day his case came to trial, he entered a guilty plea to four counts of the indictment. The other two counts were dismissed. 1

Richardson was sentenced July 28, 1972, to ten years imprisonment on each of the four counts, sentences…