Richard J. Hilliard v. United States

CHRISTENSEN, District Judge.

This case presents a problem concerning the relationship in context with files and records between the allegations of a petition or motion for relief under 28 U.S.C. § 2255 1 2and the right to a hearing before the district court.

Convicted by the verdict of a jury for violation of the Dyer Act, 18 U.S.C. § 2313, defendant-petitioner-appellant, 2 Richard J. Hilliard, on July 17,1964, was sentenced by the trial court to imprisonment for a term of three years. On August 4, eighteen days after sentence, he prepared a notice of appeal. 3 This notice actually was mailed…