United States v. Samuel Huffman

ROSS, Circuit Judge

(dissenting).

I respectfully dissent. Among other things, Huffman alleges that his guilty plea was induced by a promise of leniency, offered by a probation officer outside the courtroom. The records indicate that a conversation took place, although the substance of the conversation is in dispute. The probation officer, by way of affidavit, denies that he promised leniency. The only proper manner in which to resolve this credibility issue is by way of an evidentiary hearing. See, e. g., Fontaine v. United States, 411 U.S. 213, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973); Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962).

I would reverse and remand for an evi-dentiary hearing.