Frank v. United States

Following his plea of guilty and receipt of a six year prison term for possessing heroin with the intent to distribute,1 appellant Frank filed a post-conviction motion in the district court pursuant to 28 U.S.C. § 2255 (1970). Frank alleged in his motion and supporting affidavit that the guilty plea had resulted from promises made by his attorney to Frank and members of his family that a bargain would be struck with the judge and prosecutor for a prison term of only two years. Frank further alleged tliat his attorney’s instructions were to “remain quiet about this at trial.”2 The district…