United States First Circuit

District court's denial of defendant's petition for habeas relief claiming that his plea was based upon inaccurate and incomplete information and therefore was involuntary, and that he had received ineffective assistance of counsel, is affirmed where: 1) defendant's due process claim fails insofar as it rests on a premise that plea counsel provided false information about the prosecutor's commitments or intentions; 2) district court was not required to hold an independent evidentiary hearing to try the issues already determined by the state courts; 3) defendant's ineffective assistance of counsel claim is rejected; and 4) defendant's motion to supplement is dismissed as moot.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, STAHL and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Victoria L. Nadel, for appellant.


• For Appellees:
  
• Jessica V. Barnett, Assistant Attorney General, Criminal Bureau, Appeals Division, with whom Martha Coakley, Attorney General, was on brief, for appellee.