United States v. Robert J. Giardino

BREYER, Circuit Judge.

Robert Giardino brought a motion under 28 U.S.C. § 2255, seeking to set aside his guilty plea to federal narcotics charges. 21 U.S.C. §§ 841(a)(1), 846. He says that his plea is the product of ineffective assistance of counsel. More particularly, he says that his lawyer told him a lie; and, in the absence of the lie, he would have pleaded not guilty and insisted on a trial. The district court denied the § 2255 motion summarily. In our view, however, it should have allowed further proceedings.

When Giardino pleaded guilty, the government outlined its evidence. It expected…