Jerry Spencer Diamond v. United States

Petitioner Diamond was charged with two counts of violating the Mann Act. On a compromise plea, on the advice of his appointed counsel (an experienced criminal trial lawyer), he entered his plea of guilty to the second count. Count One was dismissed.

Diamond now appeals from the denial of his motion for relief under 28 U.S.C. § 2255 . The grounds urged are: first, that his appointed counsel refused to contact witnesses and otherwise prepare a defense, and that his attorney (in collusion with the prosecution) made threats and promises which induced petitioner to plead guilty; second, that petitioner at the same time was coerced to plead guilty because of abuse and beatings administered by law enforcement officers.

The district court, while denying the petition, did not hold an evidentiary hearing. The bases for denial were as follows: (1) petitioner’s statements at arraignment (under questioning in compliance with Rule 11 of the Federal Rules of Criminal Procedure by the same judge who heard the petition) denying any coercion or inducement to plead guilty and agreeing that counsel for petitioner’s services had been competent and effective; (2) the court’s observation of…