United States v. Roberto Valenclano, and Marie Aguilar

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 evi-dentiary 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 of the facial regularity of the in-court plea proceedings conducted in accordance with Rule 11, F.R.Cr.P. This appeal requires us to decide whether the principles…