United States v. Alfred G. Biberfeld

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Federal prisoner Alfred Biberfeld moved pursuant to 28 U.S.C. § 2255 to vacate his sentence or, in the alternative, for a new trial. The district court denied Biberfeld’s motion without a hearing, holding that the record conclusively showed he was not entitled to relief. We review the district court’s order in three steps. First, we decide whether Biberfeld has alleged facts which, if proved, would entitle him to some relief. Smith v. Freeman, 892 F.2d 331, 338 (3d Cir.1989). If so, we then decide whether he has waived his right to relief by failing…