Richard Albert Romero and Earl Roy Wallace v. United States

This is an appeal in forma pauperis from an order of the district judge denying a Section 2255 petition. It is a very simple case in which the district judge erroneously construed the statute requiring a hearing on a Section 2255 petition and, based upon this misconstruction, denied the applicants the hearing which, upon the allegations of the motion, the statute requires. The judgment must, therefore, be reversed and the cause remanded with directions to afford the applicants a hearing.

The error of the district judge arose out of his reliance on his interpretation of a recent Supreme Court…