Melvin Leroy Mahler appeals from an order of the United States District Court for the Western District of Oklahoma overruling his motion under 28 U.S.C. 2255 to vacate a judgment and sentence which he is serving. In his motion Mahler alleges that his plea of guilty to three counts of an indictment charging him with conspiracy and substantive violation of the Federal Narcotics Law was not voluntary.1

Mahler and his codefendants were arrested by Federal Narcotics Agents without a warrant after they had been observed in transactions which led the agents to believe that narcotics were being handled illegally. They were later indicted, and upon arraignment entered pleas of not guilty and were released on bond. Sometime thereafter a motion to suppress the evidence seized at the time of the arrest was overruled. During this time Mahler was represented by competent counsel of his own selection. When the case came on for trial, Mahler's counsel was not present for the selection of the jury or the opening statement of the prosecution. Counsel had previously made arrangements with retained counsel of a codefendant to appear in Mahler's behalf during these proceedings. Mahler's counsel appeared prior to the taking of any evidence. The court, at the request of the defendants, granted a recess and the parties, with their counsel, met in conference. At the conclusion of this conference Mahler withdrew his plea of not guilty and entered a plea of guilty.2

Later Mahler appeared before the court and was sentenced to serve a term of eight years on each of the three counts, to run concurrently.3

At the hearing on this motion, Mahler testified that prior to the entry of his plea of guilty, his attorney had advised him he had an agreement with the Judge in which he said: 'I don't think the Judge will give you the minimum, but I believe he will give you three years.' He testified that he was under the influence of narcotics but 'When I was facing 30 years I thought 3 years would be the best out because the arresting officers had already threatened me with a lengthy term in the penitentiary if I would not cooperate, and when I didn't cooperate I knew they would get me this long term.' When Mahler was sentenced he made no reference to the alleged agreement that his sentence would not exceed three years.

After Mahler was taken to the Leavenworth penitentiary he wrote a letter to his attorney stating that he thought 'we got a raw deal', but thanked him for doing what he could for him. His assertion now that he did not have adequate representation prior to his plea of guilty appears to be an afterthought and without merit. Bailey v. United States, 10 Cir., 312 F.2d 679. Mahler's attorney was called as a witness and testified as to his part in all of the proceedings from the time of Mahler's arrest, including a preliminary hearing, until he was finally sentenced. He stated that he did not tell Mahler he had an agreement with the Judge that the sentence would not exceed three years. He also testified that the plea of guilty appeared to have been entered voluntarily and he observed no evidence that Mahler was under the influence of narcotics. The evidence clearly sustained the court's findings that the plea of guilty was entered voluntarily.

A plea of guilty voluntarily made forecloses an accused's right to object to the manner in which he was arrested or how the evidence may have been obtained against him. The plea is a waiver of all non-jurisdictional defenses and a sentence which follows such a plea of guilty is the result of the plea and not the evidence theretofore obtained. Bailey v. United States, 10 Cir.,324 F.2d 632; Sullivan v. United States, 10 Cir., 315 F.2d 304, cert. denied 375 U.S. 910, 84 S. Ct. 203, 11 L. Ed. 2d 149; Barnhart v. United States, 10 Cir., 270 F.2d 866; Thomas v. United States, 9 Cir., 290 F.2d 696, motion for leave to file petition for cert. denied 368 U.S. 964, 82 S. Ct. 446, 7 L. Ed. 2d 401; Kinney v. United States, 10 Cir., 177 F.2d 895, cert. denied 339 U.S. 922, 70 S. Ct. 610, 94 L. Ed. 1345.

Affirmed.