MARSHALL v. UNITED STATES

No. 12141.

217 F.2d 467 (1954)

William A. MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

November 3, 1954.


Attorney(s) appearing for the Case

Joseph V. Hoffman, Cincinnati, Ohio, for appellant.

Warren Olney, III, Washington, D. C., Millsaps Fitzhugh, Robert E. Joyner, and Edward N. Vaden, Memphis, Tenn., for appellee.

Before MARTIN, McALLISTER and STEWART, Circuit Judges.


PER CURIAM.

The question presented by this appeal is whether the district court erred in entering an order denying a motion to set aside a judgment and vacate a sentence, without filing findings of fact and conclusions of law. Title 28 U.S.C.A. § 2255, provides that upon the filing of a motion to vacate and correct a sentence by a prisoner in custody under sentence, the court shall determine the issue and make findings of fact and conclusions of law with respect...

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