Daniel S. Berlanga v. United States

The appellant’s motion under 28 U.S.C. § 2255 makes a two point attack upon the validity of his conviction upon his plea of guilty to each of four counts charging him with narcotics violations under 21 U.S.C. § 174 and 26 U.S.C. § 4705(a): (1) the trial judge failed to comply with the provisions of Rule 11, F.R.Crim.P.; and (2) the appellant had been led to believe that he would receive the minimum sentence, whereas he received a sentence of twelve years.

The trial court correctly rejected the first claim on the ground that it was conclusively refuted by the files and records in the case.…