Liston Alphonso Bertrand v. United States

The petitioner pleaded guilty to auto theft and was sentenced to a five year term. In this action under 28 U.S.C. § 2255 the petitioner contends that: (1) he did not plead guilty voluntarily nor with an understanding of the nature of the charges against him; (2) his plea of guilty was based upon his threat of racial prejudice distorting any trial of his case; (3) he did not understand the charges against him; (4) the district court erred in not holding an evidentiary hearing. We hold that the judgment of conviction must be affirmed. Rule 21. 1

The Court vacates the sentence, however, and…