BROWN v. UNITED STATES

No. 76-2336.

565 F.2d 862 (1977)

Earl BROWN, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided November 22, 1977.


Attorney(s) appearing for the Case

Earl Brown pro se.

Blair A. Griffith, U. S. Atty., Craig R. McKay, Asst. U. S. Atty., Edward J. Schwabenland, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before ADAMS and GARTH, Circuit Judges, and LAYTON, District Judge.


Submitted Under Third Circuit Rule 12(6) October 18, 1977.

OPINION OF THE COURT

PER CURIAM:

Petitioner Earl Brown appeals from an order of the district court, issued without an evidentiary hearing, denying a motion to vacate his sentence. Because the record fails to show conclusively that the petitioner is not entitled to relief, we reverse and remand for a further proceeding.1

On December 20, 1974, Brown pleaded...

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