Gabriel Briguglio v. United States

OPINION OF THE COURT

Gabriel Briguglio, convicted of federal criminal charges in 1979, petitioned the district court for a new trial under 28 U.S.C. § 2255. The district court denied Briguglio habeas corpus relief 1 without affording him an evidentiary hearing on his claims. Because we conclude that Briguglio was entitled to the hearing he requested, we will remand.

During the trial of the charges against Briguglio, Briguglio’s trial counsel (he has new counsel on appeal) was under investigation by the same United States Attorney’s Office that was prosecuting the case against Briguglio. Counsel…