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U.S. v. OLIVER

No. 87-6555.

865 F.2d 600 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Lee OLIVER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1989.

Rehearing and Rehearing Denied March 20, 1989.

Attorney(s) appearing for the Case

Frank Salvato, Student Counsel (Nancy Cook, American University Washington College of Law, Appellate Advocacy Law Clinic, Washington, D.C., on brief), for defendant-appellant.

Rudolf A. Renfer, Jr., Asst. U.S. Atty., Raleigh, N.C. (Margaret Person Currin, Office of U.S. Atty. Gen., Raleigh, N.C., on brief), for plaintiff-appellee.

Before HALL, MURNAGHAN and CHAPMAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 20, 1989.

CHAPMAN, Circuit Judge:

This appeal presents the question: Whether it is proper for a trial court to dismiss a motion made under 28 U.S.C. § 2255, attacking a sentence on constitutional grounds without providing notice to the petitioner and an opportunity to respond to allegations forming the basis of the dismissal? We find that, on the present facts, the district court had the authority, under the...

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