Legal Opinion

Ralph Masciola v. United States

Court of Appeals for the Third Circuit

Decided November 20, 1972No. 72-1261PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

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…

3Cases cited8 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. John Mack Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1963
  3. Fred J. Wellnitz v. Ray H. Page, Warden, Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1970
  4. United States of America Ex Rel. Wallace Culbreath v. Alfred t.rundleCourt of Appeals for the Third Circuit · 1972
  5. Richard Castro v. United StatesCourt of Appeals for the Ninth Circuit · 1968

3 more not listed; retrieve them via the Exa API.

4Cited by53 opinions

  1. State v. DiFriscoSupreme Court of New Jersey · 1994
  2. United States v. Peter A. Crusco and Phillip A. Cimmino. Appeal of Phillip CimminoCourt of Appeals for the Third Circuit · 1976
  3. United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
  4. State v. BlatnikOhio Court of Appeals · 1984
  5. Michael Joseph Paradiso and Anthony Richard Bonnacci v. United StatesCourt of Appeals for the Third Circuit · 1973

48 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API