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JENKINS v. UNITED STATES

No. 13781.

249 F.2d 105 (1957)

Carroll M. JENKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 22, 1957.

Attorney(s) appearing for the Case

Mr. Cecil A. Beasley, Jr., Washington, D. C., with whom Mr. R. J. Shortlidge, Jr., Washington, D. C. (both appointed by this Court) was on the brief, for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Edward P. Troxell, Principal Asst. U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.

PER CURIAM.

Appellant moved under 28 U.S.C. § 2255 to vacate and set aside the judgment and sentence in Criminal Case No. 1031-53. The District Court denied this motion without a hearing, on the ground that "The motions, the files and the records of the case conclusively demonstrate that the prisoner is entitled to no relief."

We think appellant's allegations of ineffective assistance of counsel required a hearing, particularly because it may appear that...

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