Legal Opinion
United States v. David C. McCord
Court of Appeals for the Fifth Circuit
Decided June 6, 1980No. 79-2333PublishedCited by 16 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This case raises the question whether the district court erred in denying, without conducting an evidentiary hearing, the prisoner David C. McCord’s motion under 28 U.S.C. § 2255 to vacate his sentence. We conclude that the record in this case does not conclusively show that McCord was entitled to no relief. The district court, therefore, was required by section 2255 to conduct an evidentiary hearing to resolve the merits of McCord’s allegations of a breach of a plea bargain. Accordingly, we vacate the district court’s order and remand the case for an evidentiary hearing.
2Cases cited10 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- Fontaine v. United StatesSupreme Court of the United States · 1973
- Richard Henry Bryan v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- United States v. Aubrey Leroy NuckolsCourt of Appeals for the Fifth Circuit · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Michael Lee SammonsCourt of Appeals for the Sixth Circuit · 1990
- Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
- United States v. George S. (Joe) CorbettCourt of Appeals for the Fifth Circuit · 1984
- United States v. Edward Lee CatesCourt of Appeals for the Fifth Circuit · 1992
- Melvin McKenzie v. Louie L. Wainwright, Secretary of the Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
11 more not listed; retrieve them via the Exa API.