Juan Carlos Rodriguez v. United States
DueProcess HabeasCorpus
Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
QUESTION PRESENTED . This case concerns petitioner’s claim that he was misled concerning the sentencing consequences of his guilty plea to a conspiracy charge. The question presented is, was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea when (1) his plea agreement stated that his federal sentence could run concurrently with the “undischarged” portion of his state sentence (2) his counsel told him that the sentences would run concurrently and, at that time, petitioner had served about 15 months of his 56 month state sentence (3) the only credit he received against his federal sentence was 63 days?