Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain v. United States

Fifth Circuit

Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain v. United States

427 F.2d 144, 1970 U.S. App. LEXIS 8947

Court of Appeals for the Fifth Circuit·Decided June 2, 1970·No. 28964·Published·Cited by 2 cases

Opinion

PER CURIAM.

In this ease the District Court denied the appellant’s motions under 28 U.S.C. § 2255 without making findings of fact and conclusions of law, as is required by the provisions of Rule 52(a), F.R.Civ.P. See Welch v. Beto, 5 Cir., 1968, 400 F.2d 582; Waters v. Beto, 5 Cir., 1968, 392 F.2d 74. Therefore the case is remanded to enable the District Court to state its findings and conclusions, and certify them to this Court by a supplemental record. The District Court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.

Remanded.

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PER CURIAM.

In this ease the District Court denied the appellant’s motions under 28 U.S.C. § 2255 without making findings of fact and conclusions of law, as is required by the provisions of Rule 52(a), F.R.Civ.P. See Welch v. Beto, 5 Cir., 1968, 400 F.2d 582; Waters v. Beto, 5 Cir., 1968, 392 F.2d 74. Therefore the case is remanded to enable the District Court to state its findings and conclusions, and certify them to this Court by a supplemental record. The District Court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.

Remanded.

Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain v. United States, 427 F.2d 144, 1970 U.S. App. LEXIS 8947 (5th Cir. 1970).

Pincite

427 F.2d 144 (Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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