Earl Lewis Kent v. United States

This case came to us initially on Petitioner’s pro se application for appointment of counsel to represent him on appeal from the denial without a hearing of his § 2255 motion to vacate sentence. We deferred action on this since it seemed that the case might have to be reversed without more. The Government was called upon to show cause why the case should not be summarily reversed to allow an out-of-time appeal. See Atilus v. United States, 5 Cir., 1969, 406 F.2d 694. The Government filed an affidavit contesting Petitioner’s factual allegations and requesting remand for an evidentiary hearing.…