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WATTS v. U.S.

No. 86-15019.

841 F.2d 275 (1988)

Franklin Eugene WATTS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1988.

Attorney(s) appearing for the Case

Ladd A. Baumann, Baumann & Hull, Agana, Guam, for petitioner-appellant.

D. Paul Vernier, Jr., Asst. U.S. Atty., Agana, Guam, for respondent-appellee.

Before BROWNING, Chief Judge, WRIGHT and LEAVY, Circuit Judges.

PER CURIAM:

Under 28 U.S.C. § 2255 a judge may hear a motion by expanding the record with documentary testimony and evidence. In this case we consider the circumstances in which such a hearing is proper. We conclude that Judge Duenas satisfied the requirements of section 2255 by ruling on Watts' motion based on the record of the plea hearing, affidavits from all witnesses to the plea agreement, interrogatories of Watts and his wife, the judge's own recollections...

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