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Fisher v. United States

March 23, 1979

HOWARD FISHER, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE.



Appeal from an opinion and order of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, denying a petition to vacate petitioner's sentences pursuant to 28 U.S.C. § 2255.

Present: HON. J. EDWARD LUMBARD, HON. JAMES L. OAKES, Circuit Judges., HON. CHARLES L. BRIEANT, District Judge.

The petition alleges an unkept plea bargain pursuant to which appellant would receive psychiatric treatment in exchange for his guilty plea. Nothing in this record indicates that the Government promised appellant psychiatric treatment as part of a plea bargain. To be sure, the court recommended at sentencing that the defendant receive appropriate psychiatric treatment while incarcerated, and appellant makes the point that he did not receive such treatment. Even assuming that to be the case, which the opinion of Judge Ward dated June 30, 1978, Docket No. 78 Civ. 1408, undercuts, the record before us does not indicate either that the plea of guilty was conditioned upon such receipt or that the Government agreed that such treatment would be available either in the abstract or with specific terms and conditions.

Accordingly, the judgment is hereby affirmed.

19790323

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