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MILETO v. UNITED STATES

June 24, 1969

Louis Joseph MILETO, Petitioner,
v.
UNITED STATES of America, Respondent


Bruchhausen, District Judge.


The opinion of the court was delivered by: BRUCHHAUSEN

MEMORANDUM AND ORDER

BRUCHHAUSEN, District Judge.

 The petitioner by notice of motion, dated June 5, 1969, returnable June 24, 1969, and papers attached thereto, seeks an order, vacating the judgment of his conviction, dated June 6, 1968, pursuant to 28 U.S.C. § 2255.

 In substance, the petitioner's grounds for relief are as follows:

 a. His plea of guilty was not voluntary nor was it made with understanding of the nature of the charge;

 b. The plea was tendered under the belief that evidence, obtained by an illegal search and seizure would be introduced at his trial and that the Government would not oppose his application to be paroled to Nassau County, if, and only if the petitioner pleaded guilty;

 c. The Court failed to determine that there was a factual basis for the plea, as required by Rule 11 of the Federal Rules of Criminal Procedure.

 PROCEEDINGS PRIOR TO THE PRESENT MOTION

 On March 20, 1968, a one-count indictment was filed, charging that the petitioner possessed a Selective Service Registration Certificate, not issued to him but to one Salvatore Borriello, with the intent that it be used for the purposes of false identification and representation in violation of Title 50 U.S.C.App. § 462(b).

 On March 25, 1958, the petitioner appeared in this court with his attorney, Michael C. Pollina, Esq. The latter executed and filed a written notice of his retainer, whereupon the case was adjourned to April 25, 1968.

 On April 25, 1968, the petitioner, accompanied by his said attorney, again appeared in court and offered to plead guilty to the indictment.

 The indictment was read to him. He was questioned and answered the questions. The minutes of the hearing, a copy whereof is annexed to the motion papers, further disclose, in substance, that the petitioner admitted that no threats or promises were made to him to induce him to so plead, further that the plea was made voluntarily on his part and that he understood that the Court could impose a maximum sentence of up to five years and a $10,000 fine. At this point, the following colloquy ensued, viz:

 
"MR. GRUNEWALD (Asst. U.S. Attorney): The defendant is presently being held in lieu of bail and I believe counsel has an application.
 
"MR. POLLINA: There is an application to parole this defendant and I have discussed my application with Mr. Grunewald and explained to him that there are presently several detainers against this defendant which I ...

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