MATTHEWS v. UNITED STATES

No. 75-3497.

533 F.2d 900 (1976)

C. Carey MATTHEWS, Plaintiff-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 6, 1976.


Attorney(s) appearing for the Case

Bernard Hutner, Leo Greenfield, North Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before DYER, SIMPSON and RONEY, Circuit Judges.


DYER, Circuit Judge:

The sole question before this Court is whether the district court erred when it denied Matthews' motion under 28 U.S.C.A. § 2255 to vacate and set aside his guilty plea without an evidentiary hearing. We conclude that under the particular facts or this case, an evidentiary hearing was required. We therefore reverse and remand.

Matthews was charged with multiple violations of the Securities Act of 1933, and the Securities and Exchange...

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