No. 72-2235. Summary Calendar.

485 F.2d 250 (1973)

John Frederick BARTELT, Petitioner-Appellant, v. Hon. Ernest GUINN, District Judge, U. S. District Court for the Western District of Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1973.

Attorney(s) appearing for the Case

Carl B. Lee, (Court-Appointed), Dallas, Tex., for petitioner-appellant.

William S. Sessions, U. S. Atty., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


John Frederick Bartelt filed a motion to vacate sentence, 28 U.S.C., § 2255, alleging that his retained counsel had failed to file and prosecute a direct appeal from a criminal conviction despite assurances that such would be done. The motion was denied without a hearing and Bartelt appeals.

Upon examination of the record, we find that an evidentiary hearing should have been held, with appropriate findings of fact and conclusions of law, Atilus...

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