United States v. Sturm

LINDLEY, Circuit Judge.

Defendant appeals from an order of the District Court entered August 22, 1949, denying defendant’s motion to vacate three sentences imposed upon him by that court on June 11, 1947. Apparently his motion was based upon Section 2255, Title 28 United States Code Annotated, which is, in part, as follows: “Unless the motion and the files and recqrds of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings…