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RAINES v. UNITED STATES

Nos. 12404, 13028.

423 F.2d 526 (1970)

Roy Edward RAINES, Appellant, v. UNITED STATES of America, Appellee. Michael PASTERCHIK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1970.

Attorney(s) appearing for the Case

James A. Baber, III, Richmond, Va. (Court-appointed counsel) [Bremner, Byrne, Baber & Somma, Richmond, on the brief], for appellants.

William C. Breckinridge, Asst. U. S. Atty., for appellee in No. 12,404.

Thomas P. Simpson, Asst. U. S. Atty. (Klyde Robinson, U. S. Atty., on the brief), for appellee in No. 13,028.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Roy Edward Raines and Michael Pasterchik appeal from the orders of two district courts denying them, without hearings, relief under 28 U.S.C. § 2255.1 Each appellant's case presents the question of whether, despite strict compliance with Rule 11, Federal Rules of Criminal Procedure, an evidentiary hearing is required in a Section 2255 proceeding where the movant alleges facts outside the record going to the...

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