United States v. Gavin Roderick White, A/K/A Joe White

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case, a habeas petitioner contends that the Government made an oral promise, never incorporated into his written plea agreement, that he could conditionally plead guilty, retaining the right to appeal the denial of his suppression motion. It is undisputed that the petitioner’s lawyer erroneously informed him that the guilty plea was conditional and that the petitioner would not have pleaded guilty *293absent this representation; moreover, the Government conceded, and the district court found, that in making this representation, the petitioner’s…