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Bulton v. United States

Charging instrument was not deficient for failing to set forth the penalties.

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Judge Mukasey

BULTON v. UNITED STATES — Raul Romero Bulton was guilty by his own plea to distributing kilogram quantities of narcotics, illegally reentering the United States after having been deported following a drug conviction, and perjury in connection with a false affidavit submitted in support of a suppression motion. He cooperated with the government and, following the government’s motion pursuant to U.S.S.G. §5k1.1, was sentenced to less than half the term he would have faced absent cooperation. He appealed, claiming that his lawyer forced him to withdraw the affidavit that he had later admitted was perjurious, and therein failed to provide effective assistance of counsel. His conviction was affirmed by summary order on November 15, 2001. He now petitions for a writ of habeas corpus pursuant to 28 U.S.C. §2255, claiming that the information to which he pleaded guilty was deficient for failing to set forth the penalties or the drug quantity, that his offense level was improperly enhanced for obstruction of justice, and that the government has breached its plea agreement with him by failing to provide protection for his family in the Dominican Republic. In his reply letter “in lieu of a traverse to the government’s opposition,” (Letter of Bulton to the Court, 5/29/03), Bulton adds to his petition for the first time the claim that his appellate lawyer was ineffective for failing to raise on direct appeal the issue of alleged breach of the plea agreement. Further, he seeks to amend his petition to include the claim that his trial counsel was ineffective for failing to tell him that a two-point enhancement for obstruction could be imposed as the result of his having submitted a false affidavit, and maintains that the affidavit was truthful after all. (Mot. to Supplement at 4, 6)

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