HabeasCorpus JusticiabilityDoctri
Whether petitioner received ineffective assistance of counsel
QUESTION PRESENTED Where 28 U.S.C. § 2255 requires a prompt hearing unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, was it error to deny any hearing on the following issue: Whether, as petitioner asserted in an uncontested declaration, he would have rejected a plea deal and gone to trial if he had known that the judge would sentence him to 21 years and 1 month but where, before he accepted the plea deal and pleaded guilty, defense counsel predicted that if he pleaded guilty petitioner “would likely do only months of time,” and where the plea agreement stated an agreed-upon guideline range of 63 to 78 months (level 26).