Legal Opinion
Herminio H. Gallegos v. United States
Court of Appeals for the Fifth Circuit
Decided December 1, 1972No. 72-1851PublishedCited by 15 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This post conviction case presents an appeal from the summary denial of a motion under 28 U.S.C.A. § 2255 to set aside a judgment and sentence. Perceiving no basis for granting relief in petitioner’s motion, the district judge denied the motion without calling for a response from the United States Attorney and without conducting an evidentiary hearing. We find that petitioner has alleged facts that, if true, will clearly entitle him to relief, and we reverse.
Petitioner, Herminio H. Gallegos, was convicted in 1971 of violating 26 U.S.C. A. § 4744(a)(1) by obtaining…
2Cases cited7 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- William Johnson v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
- L. D. Hilliard v. Dr. George J. BetoCourt of Appeals for the Fifth Circuit · 1972
- William H. James v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Geisser v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- Joiner v. StateCourt of Criminal Appeals of Texas · 1979
- Rogelio Gutierrez v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
- Braxton v. United StatesDistrict of Columbia Court of Appeals · 1974
- Hilliard v. BetoCourt of Appeals for the Fifth Circuit · 1974
10 more not listed; retrieve them via the Exa API.