Cleo Gregory v. United States

The first appeal of this case was from an order of the district court denying without a hearing a motion to vacate and set aside a sentence of life imprisonment.

This court at first dismissed the appeal 1 on the ground that the appeal was not timely because taken many months after the motion had been denied. Thereafter the Supreme Court, without opinion or otherwise stating its reasons for doing so, 2 vacated our judgment of dismissal and remanded the cause to the court for consideration on the merits, and this court, citing the cases in support held 3 that movant should have been given an…