United States v. Lawrence Kearney

MacKINNON, Circuit Judge.

Lawrence Kearney appeals the denial by the District Court of a 28 U.S.C. § 2255 motion to set aside his 1968 conviction for second degree murder. He now contends, as he did on his first § 2255 motion in 1973, that a key witness’ testimony was coerced and perjurious. The judge who had tried the case denied that motion on “the files and record.” This, the second § 2255 motion raising the same point, was denied by the District Court without a hearing. No new evidence or contention is offered in support of appellant’s motion. Since the facts underlying appellant’s claim…