United States Third Circuit

Appellant is not entitled to a hearing on his 28 USC 2255 motion to vacate his conviction where record conclusively shows that government's subpoena was "secured in furtherance of a then present contemplation that subpoenaed evidence would be presented to a grand jury."

Appellate Information

• Decided 02/21/2001
• Published 02/21/2001

Judges

• Before ROTH, BARRY, Circuit Judges and SHADUR, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Patton, (Argued), Office of Federal Public Defender, Erie, PA, Attorney for Appellant.


• For Appellees:
  
• Bonnie R. Schlueter, (Argued), Assistant United States Attorney Office of United States Attorney, Pittsburgh, PA, Attorneys for Appellees.