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ROBERTS v. UNITED STATES

No. 73-2450 Summary Calendar.

486 F.2d 980 (1973)

Jesse James ROBERTS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1973.

Attorney(s) appearing for the Case

Joseph E. Wilkerson, Atlanta, Ga., for petitioner-appellant.

William J. Schloth, U. S. Atty., O. Hale Almand, Jr., Asst. U. S. Atty., Macon, Ga., for respondent-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

AINSWORTH, Circuit Judge:

Petitioner Jesse James Roberts, Jr., appeals the denial of his Section 2255 motion without a hearing. We vacate and remand for an evidentiary hearing.

Roberts pled guilty in federal district court in Georgia to a four-count indictment charging him with violations of 18 U.S.C. § 500 (forging postal money orders) and to two counts charging violations of 18 U.S.C. § 2115 (breaking into United States Post Office). He had also...

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