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BRIGUGLIO v. UNITED STATES

No. 81-2305.

675 F.2d 81 (1982)

Gabriel BRIGUGLIO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Third Circuit.

Decided April 2, 1982.

Attorney(s) appearing for the Case

Alan Dexter Bowman (argued), Steven H. Gifis, Princeton, N. J., for petitioner-appellant.

William W. Robertson, U. S. Atty., Kenneth Ballen (argued), Asst. U. S. Atty., Newark, N. J., for respondent-appellee.

Before HUNTER, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Gabriel Briguglio, convicted of federal criminal charges in 1979, petitioned the district court for a new trial under 28 U.S.C. § 2255. The district court denied Briguglio habeas corpus relief1 without affording him an evidentiary hearing on his claims. Because we conclude that Briguglio was entitled to the hearing he requested, we will remand.

During the trial of the charges against...

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