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UNITED STATES v. GIARDINO

No. 85-1752.

797 F.2d 30 (1986)

UNITED STATES of America, Appellee, v. Robert J. GIARDINO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 29, 1986.

Attorney(s) appearing for the Case

Robert J. Flynn, Jr., Framingham, Mass., for defendant, appellant.

Oliver C. Mitchell, Jr., Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief for appellee.

Before BREYER and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

BREYER, Circuit Judge.

Robert Giardino brought a motion under 28 U.S.C. § 2255, seeking to set aside his guilty plea to federal narcotics charges. 21 U.S.C. §§ 841(a)(1), 846. He says that his plea is the product of ineffective assistance of counsel. More particularly, he says that his lawyer told him a lie; and, in the absence of the lie, he would have pleaded not guilty and insisted on a trial. The district court denied the § 2255 motion summarily...

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