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ROMERO v. UNITED STATES

No. 20698.

327 F.2d 711 (1964)

Richard Albert ROMERO and Earl Roy Wallace, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 7, 1964.

Attorney(s) appearing for the Case

Richard A. Romero, Earl Roy Wallace, Carl Estes, Houston, Tex., for appellants.

M. H. Raney, Asst. U. S. Atty., El Paso, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., Woodrow Seals, U. S. Atty., for appellee.

Before HUTCHESON, BROWN, and BREITENSTEIN, Circuit Judges.

PER CURIAM:

This is an appeal in forma pauperis from an order of the district judge denying a Section 2255 petition. It is a very simple case in which the district judge erroneously construed the statute requiring a hearing on a Section 2255 petition and, based upon this misconstruction, denied the applicants the hearing which, upon the allegations of the motion, the statute requires. The judgment must, therefore, be reversed and the cause remanded with directions...

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