James Brown v. United States

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal, pursuant to 28 U.S.C. § 2255, from a district court order dismissing without a hearing petitioner’s “Motion to Set Aside and Vacate Judgment of Con*225viction and Sentence Imposed in Criminal Number 73-139.”1 Petitioner contends that the district court erred insofar as it did not hold a hearing on his motion. We disagree, on the facts of this case, and will affirm the order of the district court.

I

At petitioner’s trial, one Emma Mozee testified on cross-examination by defense counsel as follows:

“Q. Have you been hospitalized and…