Miller v. United States

321 U.S. 752, 64 S. Ct. 634

Opinion

Certiorari, 320 U. S. 732, to the Circuit Court of Appeals for the Fifth Circuit.

Per Curiam:

On consideration of the stipulation between counsel for the petitioner and the Solicitor General, the judgment of the Circuit Court of Appeals is reversed and the cause is remanded to the District Court of the United States for the Northern District of Texas with directions that petitioner, after reasonable notice, be accorded a hearing on the issues involved before a judge other than the sentencing judge, and that at such hearing petitioner be allowed to be present and represented by counsel, with opportunity to adduce testimony and cross-examine witnesses. It is ordered that the mandate issue forthwith.