United States v. Charles Jay Auten

POLITZ, Circuit Judge:

Charles Jay Auten’s 1977 conviction of conspiracy to negotiate stolen money orders was affirmed on direct appeal, United States v. Auten, 570 F.2d 1284 (5th Cir. 1978). He now appeals the denial of his petition for habeas corpus relief under 28 U.S.C. § 2255, and the denial of his motions for additional discovery and for an evidentiary hearing. We reverse and remand.

Auten and six others were indicted for conspiring to pass stolen money orders in violation of 18 U.S.C. § 371. Four of the others were also charged with substantive counts. Auten, tried alone, was confronted…