United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New York

LUMBARD, Chief Judge:

The State of New York appeals from an order of the Western District which granted relator Charles Scott’s petition for a writ of habeas corpus after a hearing. Scott claimed that his conviction, entered on a plea of guilty to manslaughter in the second degree, and his subsequent sentence to 7% to 15 years in Attica State Prison, was invalid because (1) his plea was involuntary as it was induced by the assurances given to him by his own counsel that he would be sent to Washington, D. C.; (2) his plea was involuntary as his counsel had led him to believe that the plea could…