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Bartlett v. United States, 1st Cir. (1996)
Bartlett v. United States, 1st Cir. (1996)
____________________
No. 95-2123
KENNETH BARTLETT,
Petitioner, Appellant,
v.
Respondent, Appellee.
____________________
____________________
Before
____________________
____________________
Per Curiam.
___________
Petitioner Kenneth
Bartlett appeals
from
the
district
pursuant to
court's
28 U.S.C.
summary denial
2255.
We
of
affirm for
______
his
motion
the reasons
20, 1995.
We
add
district court's
address
the
following
failure to
petitioner's
17
years.
counsel's
particular
sentence if
he
was
the
hearing to
induced to
plead
Essentially,
ineffective
concerning
hold an evidentiary
claim that
comments
petitioner's
assistance
he
in
pled guilty,
argument
only
is
promising
that
him
rendered his
plea
involuntary.
and
files
in
the
case,
or
an
expanded
record,
cannot
conclusively
'and
when
relief.'"
resolve
the
substantial issues
allegations
made, if
voluntariness of
(citing Hill
____
v. Lockhart,
________
denied,
______
U.S.
493
developed in
1082
would
474
require
U.S. 52,
(1990).
the
The
in this context.
material fact,
a guilty plea by
applies
true,
of
Cir. 1989)
56 (1985)),
two-prong
cert.
_____
inquiry
-2-
Bartlett is
required to
show
reasonableness, and
___
that,
guilty
but for
that there is
counsel's errors, he
a "reasonable probability
would not
have pleaded
U.S. at 59.
Petitioner
hearing
Our
because
was
not
he failed
1995),
is instructive.
district
court's
alleging
ineffective
grounds
for
In his
attorney
the
evidentiary
allege prejudice.
Labonte, we
_______
of
affirmed the
2255
counsel.
petition
was
petition
One of
its
the
"fail[ure]
had contended
"that his
trial
would be
In
assistance of
of
an
v. LaBonte, 70
_______
summary dismissal
denial
to
adequately to
Cir.
entitled
that he
4B1.1." Id.
___
In
fact, the
district court
had sentenced
appellant
as
career
offender and
imposed
262-month
sentence.
failed adequately to
An
attorney's
inaccurate prediction
of
his client's
alone,
not
will
satisfy the
prejudice
-3-
Similarly,
[appellant's]
statements
that,
but for
inadequate advice he
not
guilty,
self-serving
his counsel's
would have
unaccompanied
pleaded
by either
could have
raised had
trial,
he
opted
insufficient to
for
is
prejudice.
does
not
assistance
that
satisfy the
test.
his guilty
advice,"
is
would receive
prejudice
Similarly,
plea
also
prong
a 17-year
of the
petitioner's
"was based
insufficient
ineffective
bare allegation
on counsel's
to
sentence
allege
ineffective
prejudice.
Petitioner
has never
defense that
Therefore,
claimed innocence
petitioner
prejudice.
"[A]
Strickland test
__________
claim."
Id.
___
failing
to
petitioner's
has
failure of
or articulated
if he had gone
failed
adequately
proof on
any
to trial.
to
allege
either prong
of the
defeats an ineffective-assistance-of-counsel
at 1413-14.
hold an
evidentiary
allegations are
hearing
accepted
because, even
as true,
he is
if
not
entitled to relief.
The
summary
petition is affirmed.
________
dismissal
of
petitioner's
2255
-4-