United States v. Donald E. Smith

A prisoner appeals from an order denying motions under 28 U.S.C. § 2255 challenging the validity of his conviction on the grounds of involuntary guilty plea, ineffective assistance of counsel, and violation of Rule 32 of the Federal Rules of Criminal Procedure. We affirm with modification.

I

Donald E. Smith pled guilty in federal district court to conspiracy to import marijuana and to conspiracy to possess marijuana with intent to distribute. As part of the plea bargain, the government dropped two counts of importation and possession. Smith was sentenced to five years for conspiracy to import…