Earl Earnest Scott v. United States

Scott’s motion to vacate sentence under Title 28, U.S.C., Section 2255, was given a three-day evidentiary hearing by the trial court, March 31, April 1 and 2, 1970. At the conclusion of the hearing after arguments of counsel, the district judge dictated extensive oral findings of fact and conclusions of law into the record, reserving the right to “polish or edit them in final form, perhaps placing this holding in a memorandum opinion should that seem suitable”.

A written memorandum was never filed, but we consider the oral findings and conclusions to be sufficiently complete to dispose…