United States v. Kenneth Malcolm Riffe

Kenneth Riffe appeals the denial of a motion to reduce his sentence pursuant to Rule 35, F.R.Crim.P. He was convicted upon a plea of guilty to delivering cocaine in violation of 21 U.S.C. § 841(a)(1), and this court affirmed. See United States v. Riffe, 536 F.2d 1386 (5th Cir. 1976) (R. 21). Neither on direct appeal nor in the district court on his Rule 35 motion did appellant raise the issue of the invalidity of his guilty plea. He now asserts that the trial court failed correctly to perform its Rule 11 functions and that he was erroneously informed of a maximum penalty for the charged crime…