Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Joseph Leon STEINBERG, Appellant, v. UNITED STATES of America, Appellee.

PER CURIAM.

Moving in the sentencing court under Sec. 2255, 28 U.S.C.A. to vacate the judgment and sentence theretofore imposed upon him, petitioner alleged facts, some of them not of record, which entitled him to a hearing on their truth or falsity. Motley v. United States, 5 Cir., 230 F.2d 110, and, if established as true, to relief. Instead of affording him a hearing, the district judge, stating in his order: "It appears that the motion and the files and records of this case conclusively show that the petitioner is entitled to no relief.", denied the relief sought. In doing this he erred and the judgment must be reversed with directions to afford the petitioner a hearing and for further and not inconsistent proceedings.

Use AI to get other relevant cases.

Comments

STEINBERG v. UNITED STATES
(Jun 17, 1958)