UNITED STATES v. McCORD

No. 79-2333.

618 F.2d 389 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. David C. McCORD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1980.


Attorney(s) appearing for the Case

David C. McCord, pro se.

Douglas Edward Yeager, Dallas, Tex. (Court-appointed), for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Shirley Baccus-Lobel, H. Jay Ethington, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before WISDOM, FAY and TATE, Circuit Judges.


WISDOM, Circuit Judge:

This case raises the question whether the district court erred in denying, without conducting an evidentiary hearing, the prisoner David C. McCord's motion under 28 U.S.C. § 2255 to vacate his sentence. We conclude that the record in this case does not conclusively show that McCord was entitled to no relief. The district court, therefore, was required by section 2255 to conduct an evidentiary hearing to resolve the merits of McCord's allegations...

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