DOWNS-MORGAN v. UNITED STATES

No. 84-5549.

765 F.2d 1534 (1985)

Derrick DOWNS-MORGAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 23, 1985.


Attorney(s) appearing for the Case

Amanda Maxwell, Miami, Fla., for defendant-appellant.

Jeffrey A. Bernstein, Miami, Fla., for amicus curiae American Immigration Lawyers Assn.

Stanley Marcus, U.S. Atty., Richard H. Kamp, Jon May, Linda Collins Hertz, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before FAY and HENDERSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.


ALBERT J. HENDERSON, Circuit Judge:

Derrick Downs-Morgan appeals from an order of the United States District Court for the Southern District of Florida denying his petition to vacate his sentence pursuant to 28 U.S.C. § 2255 without first conducting an evidentiary hearing. Because the facts alleged in the petition warrant collateral relief, we reverse and remand for an evidentiary hearing.

Morgan, a resident...

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