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

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 2, 1970

Docket28964

StatusPublished

Cited by2 cases

This text of 427 F.2d 144 (Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain 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.

Bluebook

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).

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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.

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427 F.2d 144, 1970 U.S. App. LEXIS 8947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-michael-lacaze-charles-william-acevedo-douglas-arceneaux-and-ca5-1970.

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