Alva Eugene Hemming, III v. United States

Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and accordingly the case is properly placed on the summary calendar under Fifth Circuit Rule 18.

This is an appeal from the denial of a motion to vacate judgment and sentence, 28 U.S.C. § 2255, after an evidentiary hearing. We deny the government’s motion to dismiss the appeal on the ground that the appellant has served his sentence, see Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968), and affirm…