After pleading guilty to charge of second-degree murder and attempted murder
* The panel finds this case appropriate for submission without oral argument pursuant to Ninth
and being sentenced to life imprisonment, petitioner filed habeas corpus petition alleging violation of "secret agreement" not to sentence him to more than 20 years and seeking to withdraw plea. The United States District Court for the District of Guam, Cristobal C. Duenas, J., denied petition, and appeal followed. The Court of Appeals held that district court was entitled to deny petition without holding evidentiary hearing and instead could rely on affidavits and papers filed in case, as petitioner's failure to mention existence of "secret agreement" either at sentencing, in Rule 35 motion or in correspondence prior to filing petition effectively refuted allegations contained in petition.
After pleading guilty to charge of second-degree murder and attempted murder * The panel finds this case appropriate for submission without oral argument pursuant to Ninth and being sentenced to life imprisonment, petitioner filed habeas corpus petition alleging violation of "secret agreement" not to sentence him to more than 20 years and seeking to withdraw plea. The United States District Court for the District of Guam, Cristobal C. Duenas, J., denied petition, and appeal followed. The Court of Appeals held that district court was entitled to deny petition without holding evidentiary hearing and instead could rely on affidavits and papers filed in case, as petitioner's failure to mention existence of "secret agreement" either at sentencing, in Rule 35 motion or in correspondence prior to filing petition effectively refuted allegations contained in petition.
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