UNITED STATES v. RAPP

Nos. 75-1923, 75-1964.

539 F.2d 1156 (1976)

UNITED STATES of America, Appellee, v. Harold Wellington RAPP, Appellant. Harold Wellington RAPP, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1976.


Attorney(s) appearing for the Case

John M. Thompson, University of Iowa, College of Law, Iowa City, Iowa, for appellant; Robert N. Clinton and Charles A. Pulaski, Jr., University of Iowa, College of Law, Iowa City, Iowa, on briefs.

Keith Van Doren, Asst. U. S. Atty., Sioux City, Iowa, for appellee; Evan L. Hultman, U. S. Atty., and Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, on briefs.

Before VOGEL, Senior Circuit Judge, and HEANEY and HENLEY, Circuit Judges.


HEANEY, Circuit Judge.

This Court has consolidated two appeals by Harold Wellington Rapp. In No. 75-1964, he contends that the District Court erred in denying his motion to vacate sentence pursuant to 28 U.S.C. § 2255 without benefit of an evidentiary hearing. We remand. In No. 75-1923, he contends that the District Court erred in denying his motion for summary and declaratory judgment in which he alleged that an automobile had been illegally seized and forfeited...

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