Joseph Leon Steinberg v. United States
This text of 256 F.2d 143 (Joseph Leon Steinberg v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Moving in the sentencing court under Sec. 2255, 28 U.S.C.'A. to vacate the judgment and sentence theretofore imposed upon him, petitioner alleged facts, some of them not of record, which entitled him to a hearing on their truth or falsity. Motley v. United States, 5 Cir., 230 F.2d 110, and, if established as true, to relief. Instead of affording him a hearing, the district judge, stating in his order: “It appears that the motion and the files and records of this case conclusively show that the petitioner is entitled to no relief.”, denied the relief sought. In doing this he erred and the judgment must be reversed with directions to afford the petitioner a hearing and for further and not inconsistent proceedings.
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Cite This Page — Counsel Stack
256 F.2d 143, 1958 U.S. App. LEXIS 4314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-leon-steinberg-v-united-states-ca5-1958.