United States of America, Plaintiff-appellee, v. John P. Darouse, Jr., Defendant-appellant, 850 F.2d 690 (4th Cir. 1988)

John P. Darouse, Jr., a federal inmate, appeals from the judgment of the district court denying his motion to vacate sentence under 28 U.S.C. § 2255. He alleges that his guilty plea was unlawfully induced and that his plea agreement included improper requirements not on the record, that he was denied due process, equal protection and a fair trial by federal officials who encouraged him to violate the terms of his release on bond before sentencing, that the misconduct of the federal agents prejudiced him and that he received ineffective assistance of counsel. We affirm.

Darouse pled guilty to conspiracy to distribute cocaine and to income tax evasion. He was released on bond while awaiting sentencing, but his bond was revoked after a routine test showed that he had been using cocaine. Underlying all of Darouse's claims is his contention that the government required or encouraged him, as part of his plea agreement, to carry out an active investigation of ongoing criminal drug violations and that he used cocaine only in furtherance of his investigation on the government's behalf.

An evidentiary hearing was held in the district court on Darouse's claims. The district court's findings of fact, supported by the record of Darouse's guilty plea hearing, bond revocation hearing and sentencing, are that Darouse was not required or encouraged by anyone to make any investigations or to violate the terms of his release. Accordingly, all of his claims lack merit. We therefore grant leave to appeal in forma pauperis and affirm the judgment of the district court.^*  We dispense with oral argument because the facts and legal documents are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.