Irving J. Rogers v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary

GEE, Circuit Judge:

In August 1978 appellant Irving Rogers pleaded guilty to two counts of attempted aggravated rape and was sentenced to two concurrent terms of 50 years imprisonment pursuant to Louisiana Revised Statute 14:27(D)(1). 1 In this habeas proceeding, 2 appellant challenges his conviction on several grounds, including claims of ineffective assistance of counsel and denial of the benefit of a discretionary state sentencing statute. This court finds that appellant is entitled to an evidentiary hearing on these claims and orders the judgment below vacated and the case remanded for an…