LOWES

v.

WEINBERGER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE

Citator

Cited By

• United States v. Kearney, 682 F.2d 214 (D.C. Cir. 1982)
  …t time. No new evidence is claimed to exist or is presented in this second section 2255 proceeding. In the absence of such a showing no relief can be granted at this stage on that ground. Elliott v. Beto, 474 F. 2d 856, 857 (5th Cir.), cert. denied, 411 U.S. 985, 93 S.Ct. 2284, 36 L.Ed.2d 963 (1973); Griffin v. United States, 258 F. 2d 411, 412 (D.C.Cir.), cert. denied, 357 U.S. 922, 78 S.Ct. 1363, 2 L.Ed.2d 1366 (1958). We always have authority to set aside a conviction in the interests of justice, 28 U.S…
• Holleman v. United States, 721 F.2d 1136 (7th Cir. 1983)
  …r’s motions for an expanded record and an evidentiary hearing. * Some courts have held that a section 2255 petitioner must also show that the perjured testimony was material. See, e.g., Elliott v. Beto, 474 F. 2d 856, 857 (5th Cir.), cert. denied, 411 U.S. 985, 93 S.Ct. 2284, 36 L.Ed.2d 963 (1973); McBride v. United States, 446 F. 2d 229, 232 (10th Cir.1971). Agent Traeger’s testimony was clearly material, thus materiality is not an issue in this case.…
• United States v. Kearney, 659 F.2d 1203 (D.C. Cir. 1981)
  …entification testimony; but there is no allegation [*1207] that the government knowingly used perjured testimony. In the absence of such a showing no relief can be granted on that ground. Elliott v. Beto, 474 F. 2d 856, 857 (5th Cir.), cert. denied, 411 U.S. 985, 93 S.Ct. 2284, 36 L.Ed.2d 963 (1973); Griffin v. United States, 258 F. 2d 411, 412 (D.C.Cir.), cert. denied, 357 U.S. 922, 78 S.Ct. 1363, 2 L.Ed.2d 1366 (1958). The claim of perjury is a repetition of the claim made in the 1973 § 2255 proceeding.…