U.S. v. Cates

Record on direct appeal failed to contain sufficient evidence to support defendant’s argument that his trial counsel was ineffective by failing to timely seek withdrawal of defendant’s guilty plea, even though defendant asserted that he communicated his wish to withdraw his guilty plea at time prior to Dist. Ct.’s acceptance of his plea. Ct. could not make determination with respect to defendant’s claim that he expressed desire to withdraw his guilty plea or when such alleged conversation had occurred. Moreover, record did not contain testimony of trial counsel to learn his version of events. Also, defendant could not rebut presumption of regularity with only his own self-serving statements, which Dist. Ct. was not required to credit. Ct. further observed that defendant should have raised instant issue in collateral proceeding, which would have allowed him to present evidence to more fully establish his claim.