Hodges v. United States, 368 U.S. 139 (1961)

Hodges v. United States


No. 58


Argued November 13, 1961
Decided December 4, 1961
368 U.S. 139

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Certiorari was granted in this case on the understanding that it presented the question whether the District Court should have accorded petitioner hearing under 28 U.S.C. § 2255 when it appeared that no appeal had been perfected from the original judgment of conviction. A thorough review of the full record revealed that the District Court did, in fact, conduct such a hearing, though the minutes of such hearing had been lost, and that no hearing was required under the statute, because "the files and records of the case conclusively show" that petitioner was entitled to no relief.

Held: the writ is dismissed as improvidently granted.

Reported below: 108 U.S.App.D.C. 375, 282 F.2d 858.