United States ex rel. Delcambre v. Fitzpatrick

OPINION

WEINFELD, District Judge.

Petitioner’s allegation that he was represented by an attorney at the time of sentence who was unaware of an alleged promise made to a different attorney who represented him at the time his plea was entered is rebutted by the record, which stamps the allegation as false. In short, “ * * * the files and records of the case conclusively show that the prisoner is entitled to no relief * * 1 And entirely apart from the foregoing, there is neither an affidavit from the attorney who it is alleged made the statements as to a promise of a concurrent sentence, nor any…