Legal Opinion

C. Carey Matthews v. United States

Court of Appeals for the Fifth Circuit

Decided June 9, 1976No. 75-3497PublishedCited by 18 opinions

1Opinion of the Court

DYER, Circuit Judge:

The sole question before this Court is whether the district court erred when it denied Matthews’ motion under 28 U.S.C.A. § 2255 to vacate and set aside his guilty plea without an evidentiary hearing. We conclude that under the particular facts or this case, an evidentiary hearing was required. We therefore reverse and remand.

Matthews was charged with multiple violations of the Securities Act of 1933, and the Securities and Exchange Act of 1934. After initially pleading not guilty to all counts, Matthews withdrew that plea and, pursuant to Alford v. North Carolina, 1970,…

2Cases cited8 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. MacHibroda v. United StatesSupreme Court of the United States · 1962
  3. Fontaine v. United StatesSupreme Court of the United States · 1973
  4. Richard Henry Bryan v. United StatesCourt of Appeals for the Fifth Circuit · 1974
  5. Dan Dugan v. United States of America, Henry Rowland Ray v. United StatesCourt of Appeals for the Fifth Circuit · 1975

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Wilson Daniel Winthrop-Redin v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
  2. Derrick Downs-Morgan v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
  3. United States v. Ruben Garza CoronadoCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Charles Herbert FullerCourt of Appeals for the Fifth Circuit · 1985
  5. United States v. Paul E. SandersonCourt of Appeals for the Fifth Circuit · 1979

13 more not listed; retrieve them via the Exa API.

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