(DOWNLOAD) "United States v. Caufield." by United States Court of Appeals Seventh Circuit. # Book PDF Kindle ePub Free

eBook details

Title: United States v. Caufield.
Author : United States Court of Appeals Seventh Circuit.
Release Date : January 08, 1953
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

The defendant appeals from an order of the district Court entered May 6, 1953, denying his motion under 28 U.S.C.A. Â§ 2255 to vacate the sentence and judgment imposed upon him by that court on May 7, 1952, and under which he is presently confined. That section in part provides: "Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto." As the district court denied the defendants motion without granting a hearing, and made no findings of fact and conclusions of law, the order was proper only if "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief".