Wesley Harlan Kingsbury v. United States
HabeasCorpus Securities
Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
QUESTION PRESENTED The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate his conviction on grounds that his attorney had misadvised him concerning the consequences of the plea and because his plea was not knowing and voluntary. The question presented is, was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea when he alleged that at the time of the plea he had been recently taken to a hospital due to a chronic heart condition and that his attorney told him to plead guilty in order to avoid the stress of trial and to recover his health?