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DUPART v. UNITED STATES

No. 76-2016 Summary Calendar.

541 F.2d 1148 (1976)

Floyd DUPART, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1976.

Attorney(s) appearing for the Case

Floyd Dupart, pro se.

Gerald J. Gallinghouse, U. S. Atty., Mary William Cazalas, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before GODBOLD, DYER and HILL, Circuit Judges.

PER CURIAM:

Petitioner Floyd Dupart presently appeals from the order of the District Court for the Eastern District of Louisiana denying, without granting an evidentiary hearing, his motion for post conviction relief pursuant to 28 U.S.C.A. § 2255.

In determining whether an evidentiary hearing is necessary Section 2255 directs the District Court to grant such hearing "[u]nless the motion and the files and records of the case conclusively show that the...

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