LOKEN, Circuit Judge.
In August 1997, Richard Payton pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841 and 846. In March 1998, Payton moved to withdraw the plea. In support, his retained attorney submitted under seal a declaration (i) that in advising Payton to plead guilty to a cocaine base offense, counsel had erroneously ignored Payton's earlier claim that he only...
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