U.S. v. WHALEN

No. 91-2149.

976 F.2d 1346 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon WHALEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 7, 1992.


Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Paula G. Burnett, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with her on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before SEYMOUR, HOLLOWAY, and McWILLIAMS, Circuit Judges.


SEYMOUR, Circuit Judge.

Gordon Whalen appeals the district court's order dismissing his petition under 28 U.S.C. § 2255 (1988) without affording him an evidentiary hearing. Whalen pled guilty in federal court to a charge of murder-for-hire and was sentenced to five years imprisonment. He contends that he was denied effective assistance of counsel and that his guilty plea was involuntary. We affirm in part, reverse in part, and remand for further proceedings....

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