United States v. Calvin Allen

JAMES C. HO, Circuit Judge:

Our court previously granted a certificate of appealability (COA) to Calvin Allen on two claims-first, that the government breached its obligations under his plea agreement when it failed to credit his cooperation in a murder conviction, and second, that Allen received ineffective assistance of counsel due to his attorney's failure to object to the government's breach of his plea agreement. We now conclude that the district court should have held an evidentiary hearing on Allen's ineffective counsel claim. Accordingly, we vacate the judgment and remand for a limited…