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UNITED STATES v. VALENCIANO

No. 73-1767.

495 F.2d 585 (1974)

UNITED STATES of America v. Roberto VALENCIANO, Appellant, and Marie Aguilar.

United States Court of Appeals, Third Circuit.

Decided April 12, 1974.

Attorney(s) appearing for the Case

Roberto Valenciano, pro se.

John J. Barry, Richard S. Zackin, Asst. U. S. Attys., Newark, N. J., for appellee.

Before ALDISERT, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In Moorhead v. United States, 456 F.2d 992 (3d Cir. 1972), we held that a federal defendant was entitled to an evidentiary hearing on an application pursuant to 28 U.S.C. § 2255 in which it was alleged that his counsel had made an actual out-of-court misrepresentation as to a "proposition" or arrangement relating to the guilty plea. We said that a hearing was mandated irrespective...

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