Kenneth Paul Ballinger v. United States

Ballinger pleaded guilty to and was convicted of mail embezzlement in violation of 18 U.S.C. § 1709. He appeals from the district court’s denial without a hearing of his § 2255 motion to vacate his five-year sentence. We affirm in part and remand in part.

Appellant’s contention that the prosecution reneged on a plea bargain is without merit as it is based on the statement by his own attorney to him to the effect that a guilty plea would almost insure a term of probation though nothing was guaranteed. There was no evidence of a bargain with the prosecution. The record does not indicate that the…