Blaik v. United States

BIRCH, Circuit Judge:

In this appeal from the denial of a 28 U.S.C. § 2255 motion, we determine whether a plea agreement, under which the petitioner specifically agreed to pay restitution to all victims of a fraudulent scheme, can be invalidated collaterally under Hughey v. United States, 495 U.S. 411, 110 S.Ct. 1979, 109 L.Ed.2d 408 (1990). The district court ordered restitution in accordance with the plea agreement and denied the section 2255 motion on that basis. We reverse, vacate petitioner’s sentence as to the restitution, and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In a thirty-count…