Glenn Carlton Whitley v. United States

Good Law
400 F.2d 881
United States Court of Appeals for the Ninth CircuitFebruary 11, 196922756California140 words

Opinion

Petitioner, convicted on his plea of guilty to a violation of 18 U.S.C. § 331 , relating to the alteration of coins, was given the maximum sentence. He now appeals from the denial of a Title 28 U.S.C. § 2255 motion to vacate the judgment. His claim is that he was not adequately represented by counsel and that his plea was not voluntarily made because of the misrepresentations made to him by counsel. After an evidentiary hearing the district court found against the defendant on both issues and entered judgment denying relief. This appeal is from that judgment.

If only that portion of petitioner’s testimony most favorable to him were considered, then petitioner was misled. However, we note that petitioner’s testimony at the hearing

There was ample support in the evidence for the district court’s findings.

The judgment is affirmed.