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348 F.2d 166

Docket No. 19655.

Warren v. United States

Ninth Circuit Court of Appeals

Decided July 9, 1965.

Ninth Circuit Court of Appeals · decided 1965-07-09

Cited by 1 later decisions — most recently July 1965

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2115 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Ollie Warren v. G. v. Richardson, Warden F.C.I., Lompoc, California

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1965-07-09

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¶1Ollie Warren, in pro. per.

¶2John W. Bonner, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

¶3Before BARNES and HAMLEY, Circuit Judges, and MATHES, District Judge.

¶4*167PER CURIAM:

¶5Ollie Warren, having been convicted and sentenced in federal court on his plea of guilty of the offense of breaking or attempting to break into a post office in violation of 18 U.S.C. § 2115 (1958), applied to the district court, under 28 U.S.C. § 2255 (1958), for release from custody. The district court denied the application without granting Warren a hearing. Warren appeals, asserting that the district court erred in not granting him a hearing.

¶6This is the second time Warren has appealed to this court from a district court order denying an application under section 2255. On the previous appeal we affirmed. Warren v. Richardson, 9 Cir., 333 F.2d 781.

¶7In his new application, Warren makes allegations not included in his first application. Viewing these allegations as a whole, we think they are of such nature that Warren should have been accorded an evidentiary hearing.

¶8Reversed and remanded.

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