United States v. Rohalia Roberts

FEINBERG, Circuit Judge:

This case raises the narrow question whether an evidentiary hearing should have been held on a motion for a new trial. Rohalia Roberts appeals from an order of the United States District Court for the Southern District of New York, John M. Cannella, J., denying without an evidentiary hearing appellant’s motion for a new trial. For reasons given below, we hold that there should have been a hearing. Accordingly, we remand for that purpose.

Appellant was tried on a two-count indictment charging the unlawful sale of heroin on two occasions. After a one-day trial, Judge…