United States Tenth Circuit

Denial of defendant's motion for relief under 28 U.S.C. section 2255 is reversed where the district court erred by not granting an evidentiary hearing on defendant's claim of ineffectiveness of trial counsel.

Appellate Information

• Decided 06/07/2005
• Published 06/07/2005

Judges

• HOLLOWAY, Circuit Judge., Before KELLY, HOLLOWAY and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Gordon Cecil, Assistant United States Attorney, (Sheldon J. Sperling, United States Attorney and Dennis A. Fries, Assistant United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee., Stephen Jones of Jones, Otjen, Davis & Gungoll, Enid, OK, for Defendant-Appellant.