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CHAPMAN v. UNITED STATES

No. 72-3199. Summary Calendar.

472 F.2d 117 (1973)

Don Garriga CHAPMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied May 7, 1973.

Attorney(s) appearing for the Case

Henry Clay Mitchell, Jr., Pensacola, Fla., for petitioner-appellant.

William H. Stafford, U. S. Atty., Pensacola, Fla., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

Certiorari Denied May 7, 1973. See 93 S.Ct. 2163.

PER CURIAM:

The sole question raised on appeal is whether it was error for the district court to deny Chapman's § 2255 petition to vacate a prior conviction without first affording him an evidentiary hearing. Because no hearing is required where a prisoner's allegations are unbelievably fanciful and are affirmatively contradicted by the record, we affirm. See Williams v. United States, 5 Cir. 1971...

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