Ollie Warren v. United States

348 F.2d 166, 1965 U.S. App. LEXIS 4951

Opinion

PER CURIAM:

Ollie Warren, having been convicted and sentenced in federal court on his plea of guilty of the offense of breaking or attempting to break into a post office in violation of 18 U.S.C. § 2115 (1958), applied to the district court, under 28 U.S.C. § 2255 (1958), for release from custody. The district court denied the application without granting Warren a hearing. Warren appeals, asserting that the district court erred in not granting him a hearing.

This is the second time Warren has appealed to this court from a district court order denying an application under section 2255. On the previous appeal we affirmed. Warren v. Richardson, 9 Cir., 333 F.2d 781.

In his new application, Warren makes allegations not included in his first application. Viewing these allegations as a whole, we think they are of such nature that Warren should have been accorded an evidentiary hearing.

Reversed and remanded.