I dissent. I am satisfied, from an examination of the entire record herein, that the factual issues relating to appellant’s claim that his statement1 was involuntary were fully developed and resolved in state trial court proceedings, after a full and fair hearing which resulted in a finding that appellant’s statements, written and oral, were voluntary. This finding was amply supported by the record before the state trial court. Appellant is not entitled to another plenary hearing on the same issues. 28 U. S.C. § 2254(d); Townsend v. Sain, 372 U.S. 293, 312-316, 83 S.Ct. 745, 9 L.Ed.2d 770 (1913); Wade v. Yeager, 377 F.2d 841, 844 (3d Cir. 1967), cert. denied, 393 U.S. 893, 89 S.Ct. 218, 21 L.Ed.2d 173 (1968).
On March 11, 1969, more than six weeks prior to trial, the state court conducted a hearing on appellant’s motion to suppress the statement in dispute upon the grounds that the same was involuntary and given by the appellant while he was under the impression that he was to be given leniency if he cooperated in giving a statement. Appellant, who was represented by two attorneys, testified during this hearing, as did the two officers, Sgt. Shirley and Sgt. Rhoades; who were present when his statement was taken. After hearing the evidence, Judge Yeaman specifically found that the statement in question *632“* * * was voluntarily made by the defendant, was not procured by coercion or threats or through fear, was not induced by promises of leniency. The Court finds that the statement in question is competent evidence and therefore overrules the defendant’s objections and admits the statement in evidence.” The Court, in response to a question by counsel for the defendant, made it clear that the ruling of admissibility applied to all oral statements, as well as the written statement in question. After ruling on the motion to suppress, the Court conducted a hearing on defendant’s motion to produce, inspect, and copy, during which the prosecuting attorney was examined under oath concerning the existence or non-existence of any information in his possession favorable to the defendant. At the close of the hearing, the Court spoke concerning the prosecutor’s duty and burden in the subsequent trial to establish that the statements taken from the defendant were voluntary, requested the court reporter to transcribe that part of the record having to do with the motion to suppress and directed him to furnish a copy to the court, defense counsel and the prosecutor.
During the trial which commenced April 30, 1969, a hearing concerning the voluntariness of appellant’s statements was held out of the presence of the jury in compliance with Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). At the commencement of the hearing, the trial court2 made specific inquiry of both of defendant’s attorneys and defendant Hunter as to whether they had had an opportunity to read the transcript of the hearing before Judge Yeaman on the motion to suppress. Both the defendant and his attorneys replied in the affirmative. Counsel for the defendant then stated that the defendant was prepared to agree that Sgt. Shirley’s testimony as it was previously given on the motion to suppress be used in the trial, reserving the right to offer additional testimony. The defendant specifically stated he was in agreement with this procedure. The transcript of Sgt. Shirley’s testimony given in the hearing on motion to suppress was then received in evidence. Lois Sowards, who transcribed defendant’s statement, was then examined and thoroughly cross-examined concerning the taking of the written statement and oral conversations that she heard between defendant and the patrolmen when she was present. Sgt. Shirley was also called for a brief interrogation. Defendant Hunter took the stand and testified in great detail concerning his various conversations with the patrolmen. At the close of his direct testimony, defendant’s counsel invited him to make any statement to the court concerning matters that were not covered. The defendant also offered in evidence a transcript of a part of the testimony of Sgt. Shirley given at the preliminary hearing on October 2, 1968.
After hearing the arguments of counsel, the trial court expressed some concern as to the legal effect of the words used by Sgt. Shirley in the hearing on the motion to suppress and observed that that would be a matter for the Appellate Court.3 *633My colleagues are concerned because the Supreme Court of Missouri (State v. Hunter, 456 S.W.2d 314 at 321) and the United States District Court found there was no discussion of a “deal” on August 5, 1969, when appellant made and signed his statement. Taking the evidence favorable to appellant, the most that can be said is that Sgt. Shirley advised appellant “* * * its possible that Mr. Lance [prosecutor] would consider a lesser charge if he [appellant] would cooperate.” It is very difficult for me to read into these words a promise, express or implied, that leniency would be shown in exchange for a statement. When other factors are considered, including appellant’s long criminal record4 and his expressed antagonism toward prosecutor Lance in the early stages of the investigation, I find it impossible to conclude from this record that appellant’s statements were involuntary or induced by promises of leniency. The most that can be said for appellant is that he was familiar with the criminal law and knew of his rights as well as the choices open to him. He wanted to make a deal, failing in this he could always claim he thought he had one, or do as he threatened, claim that he was not advised of his rights.5
I fail to see the value of another evi-dentiary hearing on the issue of volun-tariness. This matter was originally gone into in the preliminary hearing on October 2, 1968. It was thoroughly ventilated in the hearing on the motion to suppress heard on March 11, 1969. Transcripts of the foregoing were available to appellant and his counsel at the time of the-trial. Appellant stipulated that the transcript of Sgt. Shirley’s testimony given in the hearing on the motion to suppress be made a part of the record on the issue of voluntariness. Sgt. Shirley was also available and did testify briefly, and was available for cross-examination by the defendant. A transcript of Sgt. Rhoades’ testimony given during the hearing on the motion to suppress was likewise available to defendant and his counsel. Sgt. Rhoades had testified that he heard Sgt. Shirley say “its possible.” On cross-examination he stated he thought this meant there might be some leniency shown to defendant by the Prosecuting Attorney if the defendant were to give a statement. He also volunteered that “its possible” may have related to the prosecuting attorney coming down to see the defendant. Neither side chose to call Sgt. Rhoades or use the transcript of his tes*634timony. After the trial court’s determination of voluntariness, appellant’s statements were admitted. Thereafter, the jury was properly instructed that before the jury could consider an alleged statement of the defendant, oral or written, it must have been made voluntarily.
I am satisfied that appellant had a full hearing and that all of the relevant facts were developed under the guiding hand of counsel.6 Proper findings, amply supported by the evidence, were made by the trial court. The Supreme Court of Missouri has affirmed the finding of voluntariness. I would affirm the district court’s denial of the petition and its refusal to grant an evidentiary hearing herein.
. At issue is the voluntariness of a written statement and oral statements made in connection therewith.
. Judge Schoenlaub presided. Defendant was represented by two attorneys, but they were not the same attorneys who represented him at the hearing on the motion to suppress heard before Judge Yeaman.
. “THE COURT: I am concerned about the testimony of Sergeant Shirley that was found on page twenty-seven of the March 11 transcript. The legal effect of those words is a matter that will have to be determined by an appellate court, if this matter is appealed. Also, I do have considerable doubt because of that one point. I am going to overrule the objections. It is the finding of this Court that the defendant was adequately advised of his rights under the Constitution as shown by Plaintiff’s Exhibits 2 and 4 and the testimony of Sergeant Shirley concerning the advice which he did give to the defendant. It is further the finding of this Court that the statements were voluntarily made by the defendant; *633that they were not procured by coercion or threats or through fear and were not induced by promises of leniency. The Court, therefore, finds that these statements in question are constitutionally admissible and competent evidence and, therefore, the defendant’s objections are overruled and the statement, Plaintiff’s Exhibit 3, is received in evidence, and the witness will be permitted to testify concerning the oral statements which the defendant also made.” (the testimony of Sgt. Shirley is set out in Fn. 2 of the majority opinion.)
. Apparently four felony convictions in Kansas. Two in Missouri.
. Sgt. Shirley testified during the trial:
“Q Sergeant Shirley, you were present at the time this statement I read was made, is that correct?
A Yes.
Q You were asking at least some of questions ?
A I asked the majority of them.
Q What else, if anything, did Mr. Hunter say on that date?
A Well, I asked Mr. Hunter what he thought would happen when this statement was signed and brought back, in the event that the Andrew County Prosecuting Attorney saw fit to file a charge of first-degree murder, and he stated to me at that time, as I related last night, practically the same thing. That he would state that I had not informed him of his rights and that he had not understood his rights and he said, ‘They will believe me and not you,’ and then again he reiterated the fact he had two witnesses, one of which was a reverend, that would attest to the fact he had stayed at his home that night, and again he said he would have himself declared mentally incompetent.”
. Cf. Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).