Johnnie Lintond Tillis v. United States

Affirmed. 1 See Local Rule 21. 2

1. The sole contention in this 2255 proceeding was that the trial judge in effect promised the movant probation if he would plead guilty. This is refuted by the transcript of the proceedings in open court, by the “court’s own recollection” as stated in the trial judge’s order, and by affidavits of the movant’s former counsel and of the U. S. Attorney. While we have held, Powers v. United States, 5 Cir. 1971, 446 F.2d 22; Martin v. United States, 5 Cir. 1971, 447 F.2d 985 that controverted issues of fact in Section 2255 proceedings may not be adjudicated on the…