Cassidy v. United States

Ninth Circuit Court of Appeals

Decided Feb. 15, 1972.

Rehearing Denied May 11, 1972.

Ninth Circuit Court of Appeals · decided 1972-02-15

Cited by 2 later decisions — most recently October 1980

2 federal appellate ·

2 counsel of record

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

Relies on United States v. Everett

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-02-15

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¶1Michael J. Cassidy, in pro per.

¶2Harry D. Steward, U. S. Atty., Stephen G. Nelson, Chief, Criminal Division, Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for appellee.

¶3Before CHAMBERS, Circuit Judge, and MADDEN,* Judge of the United States Court of Claims, and TRASK, Circuit Judge.

¶5PER CURIAM:

¶6The order denying a petition under 28 U.S.C. Sec. 2255 without a hearing is affirmed.

¶7On 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.

¶8Further, no showing was made as to why the point sought to be made this time was not tendered in connection with prior proceedings.