Leonard Frank Hogue v. United States

MIZE, District Judge.

This appeal is taken from an order of the trial court overruling appellant’s motion under Title 28 U.S.C. § 2255 to vacate the sentence that was imposed upon him, the order denying the motion having been entered on April 20, 1960.

Appellant assigns two specifications of error: (1), the sentencing court erred in refusing to grant a hearing on the motion to vacate the sentence, and (2), the sentencing court erred in refusing to grant the motion to vacate the sentence.

The order denying the motion to vacate reads as follows:

“This day there coming on to be heard by the Court…