PER CURIAM:
Without holding an evidentiary hearing, the district court denied Richard Montgomery's motion under 28 U.S.C.A. § 2255 to vacate his conviction and sentence and he appeals. Because the affidavits and counter affidavits filed in this cause appear to establish a bona fide controversy, we vacate and remand.
Montgomery was convicted of armed bank robbery, a violation of 18 U.S.C. § 2113(d), upon trial by jury. He now contends that his two...
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