Does Montague have an evidentiary hearing in his objection to the magistrate judge's report and recommendation to plead guilty?
MultiRegion, United States of America
The following excerpt is from Montague v. Ducharme, 24 F.3d 247 (9th Cir. 1994):
2 Montague claims that his guilty pleas were not knowing and intelligent, but he argues that he was incompetent. These are separate and independent inquiries. Godinez v. Moran, 113 S.Ct. 2680, 2687-88 (1993). We read his petition as a challenge to his competence to plead guilty.
3 Montague requested an evidentiary hearing in his objections to the magistrate judge's report and recommendation.
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