U.S. v. NINO

No. 88-3805.

878 F.2d 101 (1989)

UNITED STATES of America v. NINO, Victor. Appeal of Victor M. NINO.

United States Court of Appeals, Third Circuit.

Decided June 16, 1989.


Attorney(s) appearing for the Case

Victor M. Nino, Oakdale, pro se.

William C. Carpenter, Jr., U.S. Atty., David C. Weiss, Carolyn T. Greene, Asst. U.S. Attys., Wilmington, for appellee.

Before MANSMANN, HUTCHINSON and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

In this case we must decide whether the United States District Court for the District of Delaware abused its discretion by dismissing the habeas corpus petition of petitioner-appellant, Victor Nino, without holding an evidentiary hearing. This habeas corpus petition asserted that petitioner's prison sentence must be vacated because he was deprived of his constitutional right to effective assistance of...

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