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SMITH v. ANDERSON

No. 09-3284.

632 F.3d 277 (2011)

Shawn SMITH, Petitioner-Appellant, v. Carl ANDERSON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 11, 2011.

Attorney(s) appearing for the Case

ARGUED: William T. Whitaker, Jr. , Akron, Ohio, for Appellant. M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: William T. Whitaker, Jr. , Andrea L. Whitaker , Akron, Ohio, for Appellant. M. Scott Criss , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: MARTIN and SILER, Circuit Judges; BELL, District Judge.

OPINION

BELL, District Judge.

In this habeas case, Petitioner-Appellant Shawn Smith asks us to allow him to withdraw his plea of guilty or to remand his case for resentencing on the basis of a broken promise by the State of Ohio. Though made during plea negotiations, the promise was not contained in the fully integrated, written plea agreement; Petitioner disavowed the existence of the promise in open court; and Petitioner appears not to have even known...

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