Carroll M. Jenkins v. United States

Appellant moved under 28 U.S.C. § 2255 to vacate and set aside the judgment and sentence in Criminal Case No. 1031-53. The District Court denied this motion without a hearing, on the ground that “The motions, the files and the records of the case conclusively demonstrate that the prisoner is entitled to no relief.”

We think appellant’s allegations of ineffective assistance of counsel required a hearing, particularly because it may appear that appellant’s interests conflicted with the interests of co-defendants who were represented by the same counsel. Cf. Glasser v. United States, 315 U.S. 60,…