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U.S. v. LEIBY

No. 86-1702.

820 F.2d 70 (1987)

UNITED STATES of America v. LEIBY, Glenn, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Wayne, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, Appellate Section, Joseph M. Miller, Eric Kraeutler, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, and MANSMANN, Circuit Judge, and McCUNE, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This matter comes before us on appeal from an order of the district court which denied the appellant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (1982). We find that the district court did not abuse its discretion by denying the motion without a hearing, since the motion presented grounds for relief which the court determined adversely to the appellant on the merits...

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