Legal Opinion

Roy Edward Raines v. United States of America, Michael Pasterchik v. United States

Court of Appeals for the Fourth Circuit

Decided March 23, 1970No. 13028_1PublishedCited by 587 opinions

1Opinion of the Court

CRAVEN, Circuit Judge:

Roy Edward Raines and Michael Pasterchik appeal from the orders of two district courts denying them, without hearings, relief under 28 U.S.C. § 2255.1 Each appellant’s case presents the question of whether, despite strict compliance with Rule 11, Federal Rules of Criminal Procedure, an evidentiary hearing is required in a Section 2255 proceeding where the movant alleges facts outside the record going to the voluntariness of his guilty plea. Because of this common issue, the two cases were consolidated on appeal. The motions and the files and records in each of these…

2Cases cited17 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Sanders v. United StatesSupreme Court of the United States · 1963
  3. MacHibroda v. United StatesSupreme Court of the United States · 1962
  4. George Richard Heiden, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1965
  5. Anthony Mirra v. United StatesCourt of Appeals for the Second Circuit · 1967

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3Cited by587 opinions

  1. Blackledge v. AllisonSupreme Court of the United States · 1977
  2. Castro v. United StatesSupreme Court of the United States · 2003
  3. United States v. Edgar Sterling LemasterCourt of Appeals for the Fourth Circuit · 2005
  4. Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San QuentinCourt of Appeals for the Ninth Circuit · 2004
  5. John Chang v. United StatesCourt of Appeals for the Second Circuit · 2001

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