James H. Brown v. United States

INGRAHAM, Circuit Judge:

The district court has denied without an evidentiary hearing the appellant’s motion to vacate his federal sentence pursuant to 28 U.S.C. § 2255. We vacate and remand.

Appellant is presently serving a 17-year sentence for bank robbery, a violation of 18 U.S.C. § 2113(a). This Court affirmed on direct appeal in United States v. Brown, 5th Cir. 1970, 432 F.2d 552. In his § 2255 motion to vacate sentence, a lengthy document, appellant enumerates a dozen grounds for relief. The district court denied relief without making any findings of operative fact. Instead, the Court…