Lawrence La Vern Sober v. Roger W. Crist, Warden, Montana State Prison, and Michael T. Greely, Attorney General, State of Montana

After exhausting his state court remedies, appellant petitioned the United States District Court for the District of Montana for habeas relief, which was denied without a hearing. Appellant, who pled guilty on the advice of appointed counsel to attempted nonconsensual sexual assault and was sentenced to 10 years, alleged violation of several constitutional rights, most of which Judge Battin correctly found to be foreclosed by his plea under Tollett v. Henderson, 411 U.S. 258, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973). Tollett, however, leaves two violations open to protest even after a guilty…