The following excerpt is from Kelleher v. Henderson, 531 F.2d 78 (2nd Cir. 1976):
In United States ex rel. Hill v. Ternullo, supra, a state prisoner claimed that his guilty plea 'was tainted by a misunderstanding, fostered by counsel, of the sentence consequences of the plea.' 510 F.2d at 846. There was a dispute over 'the petitioner's understanding of the sentence consequences when he pleaded guilty,' id. at 847, and so a panel of this court remanded for an evidentiary hearing. Although the opinion emphasizes the 'erroneous legal advice' and the 'misstatement (by counsel) of easily accessible fact,' the court did say:
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