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McKNIGHT v. UNITED STATES

No. 73-3993.

507 F.2d 1034 (1975)

Hershel Hiram McKNIGHT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1975.

Attorney(s) appearing for the Case

Richard D. Pullman, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Robert W. Wilson, Asst. U. S. Atty., Lubbock, Tex., W. E. Smith, Asst. U. S. Atty., Ft. Worth, Tex., for respondent-appellee.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

This appeal is from the district court's dismissal of Hershel Hiram McKnight's motion for post conviction relief pursuant to Title 28, U.S.C., Sec. 2255. Because McKnight's uncontested factual allegations establish a bona fide controversy, requiring resolution by an evidentiary hearing and resultant findings, we reverse and remand.

McKnight was convicted in 1971 on both counts under which he was indicted: Count 1 charged him with conspiracy...

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