United States ex rel. Seible v. La Vallee

MEMORANDUM

COOPER, District Judge.

In a memorandum opinion, dated March 23, 1970, we ordered an evidentiary hearing, under the authority of United States ex rel. Ross v. McMann, 409 F.2d 1016 (2d Cir. 1969), to determine the voluntariness of petitioner’s plea of guilty. We then granted a motion, made on behalf of the State, to stay that hearing pending Supreme Court review of Ross. We now find that the guidelines for review of guilty pleas, as set forth in McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970), mandate our denial of the writ of habeas corpus.

Petitioner…