United States v. John F. Garfield, Sr.
Opinion
Opinion
Sneed, J.
John F. Garfield, a federal prisoner, appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. Garfield contends: (1) the district court improperly participated in the plea discussion in violation of Fed. R.Crim.P. 11(e)(1); (2) he was denied effective assistance of counsel; and (3) the district court failed to make adequate findings regarding disputed information in the pre-sentence report as required by Fed. R.Crim.P. 32.
I.
FACTS AND PRIOR PROCEEDINGS
The United States charged Garfield with two counts of carnal knowledge of a minor female in violation of 18 U.S.C. §§ 1153 , 2032, and one count of incest in violation of 18 U.S.C. § 1153 and Mont.Code Ann. § 45-5-507 (1991). Garfield pleaded not guilty to all three counts on February 10, 1986. On April 8, 1986, Garfield changed his plea to guilty on all three counts, pursuant to a plea agreement by which the United States agreed to recommend a sentence not longer than thirty years.
On May 16,1986, Garfield moved to withdraw his guilty pleas and proceed to trial on the ground that his counsel had not properly advised him regarding the consequences of a guilty plea. On May 28,…