Legal Opinion

Bartelt v. United States

Court of Appeals for the Fifth Circuit

Decided December 26, 1974No. 74-1793PublishedCited by 10 opinions

1Opinion of the Court

PER CURIAM;

Appellant filed a § 2255 motion to vacate1 the sentence from a jury trial conviction under 8 U.S.C. § 1324(a)(2), the illegal transportation of aliens. He alleged that his retained counsel was ineffective for failing to prosecute and perfect a direct criminal appeal. The District Court denied the motion without a hearing, and we vacated and remanded for an evidentiary hearing. Bartelt v. Guinn, 5 Cir., 1973, 485 F.2d 250.

At the evidentiary hearing the District Judge was faced with the conflicting testimony of the appellant and appellant’s formerly retained counsel, Mr. Moyers, as…

2Cases cited13 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966
  3. B. H. Bunn Co., Inc., Plaintiff-Appellant-Cross v. Aaa Replacement Parts Co., Inc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1971
  4. Kenneth Poy Lee and Chow Joy Lee v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  5. Porphire Lanasse v. Travelers Insurance Company, the California Company, Defendant-Third Party v. Royal Insurance Company, Excess-Surplus Lines, Inc., And/or Underwriters at Lloyd's, London, Third PartyCourt of Appeals for the Third Circuit · 1972

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

3Cited by10 opinions

  1. John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Joseph J. C. Dicarlo and Ronald C. MacKenzieCourt of Appeals for the First Circuit · 1978
  3. Corpus v. EstelleCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Harold Lee DealCourt of Appeals for the Eleventh Circuit · 1982
  5. Texas Distributors, Inc. v. Local Union No. 100Court of Appeals for the Fifth Circuit · 1979

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