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

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

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.