Pablo Carreon v. United States

TONE, Circuit Judge.

This petition under 28 U.S.C. § 2255 raises the question of whether petitioner’s plea of guilty was voluntary in the face of the court’s failure to inquire in detail concerning the factual basis for the plea and thus to discover and explain to petitioner a potential entrapment defense. The District Court denied relief. We reverse.

In 1976 a nine-count indictment was returned against petitioner for distribution of heroin in violation of 21 U.S.C. § 841(a)(1). Represented by retained counsel, petitioner initially pleaded not guilty and then moved to change his plea to Counts…