TUTTLE, Circuit Judge.
This is an appeal from an order by the District Court denying without a hearing appellant's petition to vacate judgment and set aside sentence under authority of 28 U.S.C.A. § 2255. When such a petition is filed it is the duty of the trial court to conduct a hearing, "determine the issues and make findings of fact and conclusions of law with respect thereto," unless "the motion and the files and records of the case conclusively show...
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