Joseph Morris Kennedy v. United States

TUTTLE, Circuit Judge.

This is an appeal from an order by the District Court denying without a hearing appellant’s petition to vacate judgment and set aside sentence under authority of 28 U.S.C.A. § 2255. When such a petition is filed it is the duty of the trial court to conduct a hearing, “determine the issues and make findings of fact and conclusions of law with respect thereto,” unless “the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” (Emphasis added.)

The petition alleges that after only 20 minutes conference with his attorney,…