Wayne E. Conley v. United States

Appellant went to trial on a charge of first-degree murder under 18 U.S.C. § 1111 (b). He was convicted of second-degree murder on his plea of guilty entered after the prosecution had concluded its case-in-chief. He moved to vacate sentence under 28 U.S.C. § 2255 . After an evidentiary hearing, the district court denied relief in a thorough opinion. On appeal from that decision, we affirm.

1. Appellant argues that his plea was invalid for two reasons: first, because it was induced by a promise of probation; second, because, due to amnesia, appellant could not remember the crime or events immediately preceding it at the time of the plea.

The district court found that appellant’s guilty plea was voluntary. We may reverse only if that determination was clearly erroneous. Knowles v. Gladden, 378 F.2d 761, 766-767 (9th Cir. 1967); Vanater v. Boles, 377 F.2d 898, 900 (4th Cir. 1967); Fed.R.Civ.P. 52(a). The district court found that no promise of probation was made to appellant, and that though the possibility of probation was suggested by a government psychiatrist who had been subpoenaed as a witness at appellant’s request, appellant was told that this contingency depended upon a…