Frank R. Del Piano v. United States

OPINION OF THE COURT

This matter came before the court below on the appellant’s motion under § 2255 of Title 28 U.S.C.A., to vacate and set aside his conviction and sentence. The court concluded that the “Motion, Answer and Attached Exhibits along with the records and files of this case conclusively show that the [appellant] is not entitled to relief,” and denied the motion without hearing. It is urged on this appeal that the denial of a hearing was error.

The appellant, represented by court appointed counsel, was convicted on his plea of guilty to an indictment charging him with the armed…