Floyd Dupart v. United States

Petitioner Floyd Dupart presently appeals from the order of the District Court for the Eastern District of Louisiana denying, without granting an evidentiary hearing, his motion for post conviction relief pursuant to 28 U.S.C.A. § 2255.

In determining whether an evidentiary hearing is necessary Section 2255 directs the District Court to grant such hearing “[ujnless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” See Reagor v. United States, 488 F.2d 515 (5th Cir. 1973).

Dupart in his petition alleges that the prosecution knowingly…