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MICHAEL JAMES CASSIDY, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.

PER CURIAM:

The order denying a petition under 28 U.S.C. § 2255 without a hearing is affirmed.

On the pleading submitted by Cassidy, we find it was not erroneous to deny a hearing. The court may appraise a petition by what is reasonably credible.

Further, no showing was made as to why the point sought to be made this time was not tendered in connection with prior proceedings.

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CASSIDY v. UNITED STATES
(May 11, 1972)