United States v. De Fillo
This text of 319 F.2d 956 (United States v. De Fillo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order of the district court refusing to set aside an order of another district court judge which denied a motion under 28 U.S.C. § 2255 to vacate and set aside appellant’s judgment and conviction. The grounds urged by the petitioner are (he same ones that he has urged in at least nine prior petitions for the same relief, each of which has been rejected. In these circumstances, it was not necessary to hold a hearing, and denial of the relief requested was proper. The record conclusively shows that the claim of misrepresentation by the prosecutor is not well founded and that petitioner is entitled to no relief.
Affirmed.
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319 F.2d 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-de-fillo-ca2-1963.