HAMILTON v. UNITED STATES

No. 16756.

253 F.2d 421 (1958)

Malvin C. HAMILTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 19, 1958.


Attorney(s) appearing for the Case

Malvin C. Hamilton, in pro. per., for appellant.

Harrold Carswell, U. S. Atty., Jos. P. Manners, Asst. U. S. Atty., Tallahassee, for appellee.

Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges.


PER CURIAM.

This appeal from an order of the trial court dismissing appellant's motion under 28 U.S.C.A. Sec. 2255, to vacate a judgment of conviction, presents the question as to the correctness of the trial judge's denial of the motion without hearing. The statute requires that upon the filing of such a petition the movant shall be entitled to a hearing unless the motion, files and record of the case conclusively show that he is entitled to no relief.

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