Albert Fuentes, Jr., and Edward J. Montez v. United States

This appeal is taken from an order of the district court denying motions to vacate judgments and sentences filed pursuant to 28 U.S.C.A. § 2255. We reverse and remand for further proceedings.

Appellants, Albert Fuentes, Jr. and Edward J. Montez, were tried and convicted of conspiracy to bribe and bribery, in violation of 18 U.S.C.A. §§ 201(c) and 371, and sentenced to five years imprisonment. Their convictions were affirmed by the Fifth Circuit on direct appeal, United States v. Fuentes, 5 Cir. 1970, 432 F.2d 405, and the Supreme Court subsequently denied certi-orari, 1971, 401 U.S. 919, 91…