FONTAINE V. UNITED STATES, 411 U. S. 213 (1973)

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U.S. Supreme Court

Fontaine v. United States, 411 U.S. 213 (1973)

Fontaine v. United States

No. 71-6757

Argued February 28, 1973

Decided April 2, 1973

411 U.S. 213


On the record in this case, petitioner, who made an uncounseled guilty plea in open court and was sentenced to prison, may collaterally attack the plea and is entitled to an evidentiary hearing under 28 U.S.C. § 2255, since his motion under that provision set out detailed factual allegations, in part documented by records, supporting his claim that the plea was coerced, and since it cannot be said that the record before the District Court "conclusively showed" that petitioner was entitled to no relief.

Vacated and remanded.

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