![]() THE DEFENDANT: I would like to plead guilty. Concepcion, do you understand the three charges in this indictment? The transcript of the hearing reads, in relevant part as follows: The Court appointed counsel to represent petitioner and then entertained petitioner's plea of guilty to the entire indictment. On November 9, 1966, a petitioner appeared before then Judge Tyler of this Court with the aid of a Spanish Interpreter. He was sentenced, and was released from federal custody.Ī year and a half later, petitioner was again arrested on federal narcotics charges. The undisputed facts are as follows.In 1961 petitioner was arrested on federal narcotics charges and subsequently pleaded guilty. Petitioner also makes the conclusory claim that he did not knowingly and voluntarily plead guilty. He now claims that his plea did not comply with Rule 11 because a factual basis for the plea was not established. Petitioner now challenges his federal conviction, seeking to eliminate his recidivist status. Because of his prior federal conviction, petitioner was given an enhanced sentence by the State of New York as a predicate felony offender. Petitioner was subsequently arrested and convicted by the State of New York on charges of robbery and assault. ![]() Petitioner pleaded guilty and has served his sentence. In this action, petitioner challenges a 1966 federal narcotics conviction in this district because of a claimed failure to comply with the requirements of Rule 11, F.R.Cr.P. This Court has also received and considered the relevant papers and transcripts in petitioner's federal criminal case. On April 12, 1982, petitioner filed a "Traverse to Answer", in which he requested, alternatively, a writ of coram nobis. On February 23, 1982, the United States Attorney filed an affidavit and a memorandum of law in opposition to the petition. On August 6, 1981, Sabino Concepcion, a/k/a/ Roberto Valdez, formerly a federal prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C.
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