HOGUE v. UNITED STATES

No. 18618.

287 F.2d 99 (1961)

Leonard Frank HOGUE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 6, 1961.


Attorney(s) appearing for the Case

Chester E. Wallace, Atlanta, Ga., for appellant.

Russell B. Wine, U. S. Atty., Arthur L. Luethcke, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and MIZE, District Judge.


MIZE, District Judge.

This appeal is taken from an order of the trial court overruling appellant's motion under Title 28 U.S.C. § 2255 to vacate the sentence that was imposed upon him, the order denying the motion having been entered on April 20, 1960.

Appellant assigns two specifications of error: (1), the sentencing court erred in refusing to grant a hearing on the motion to vacate the sentence, and (2), the sentencing court erred in refusing to grant...

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