United States v. Gordon Whalen

SEYMOUR, Circuit Judge.

Gordon Whalen appeals the district court’s order dismissing his petition under 28 U.S.C. § 2255 (1988) without affording him an evidentiary hearing. Whalen pled guilty in federal court to a charge of murder-for-hire and was sentenced to five years imprisonment. He contends that he was denied effective assistance of counsel and that his guilty plea was involuntary. We affirm in part, reverse in part, and remand for further proceedings.

I

Gordon Whalen was arrested and charged with traveling in interstate commerce with the intent to commit murder, in violation of 18 U.S.C.…