HINES

v.

ALABAMA

Citator

Cited By

• United States v. Beathune, 527 F.2d 696 (10th Cir. 1975)
  …before a Grand Jury, then it must record all of the testimony, and if it fails to record all of the testimony then the indictment must be dismissed. We reject that argument. See United States v. Antonick, 481 F. 2d 935 (9th Cir. 1973), cert. denied, 414 U.S. 1010, 94 S.Ct. 374, 38 L.Ed.2d 248 (1973), where the Ninth Circuit rejected the identical argument. We subscribe to the reasoning of Antonick. Rhodes raises a variety of other grounds for reversal. The indictment charges a conspiracy between the named d…
• United States v. Romano, 516 F.2d 768 (2d Cir. 1975)
  …§ 2255 application can be denied without a hearing where it can be determined on the basis of the records and files that the application is “conclusively without merit.” See also Williams v. United States, 481 F. 2d 339, 345 (2d Cir.), cert. denied, 414 U.S. 1010, 94 S.Ct. 373, 38 L.Ed.2d 248 (1973); Rodriguez v. United States, 473 F. 2d 1042 (5th Cir. 1973); Tucker v. United States, 138 U.S.App.D.C. 345, 427 F. 2d 615 (1969). Sanders addresses successive petitions on the basis of litigation of the “same gr…
• United States v. Scheffer, 506 F.2d 922 (5th Cir. 1975)
  …d States v. Scheffer, 5 Cir. 1972, 463 F. 2d 567. Scheffer was re-tried, convicted again and the same sentence was imposed. Appellant unsuccessfully appealed this second conviction, United States v. Collins, 5 Cir. 1973, 478 F. 2d 837, cert. denied, 414 U.S. 1010, 94 S.Ct. 373, 38 L.Ed.2d 248, and then moved the district court for a reduction of his sentence. The motion was denied; Scheffer appeals. We cannot say either that the sentence was illegal or that the district judge abused his discretion in refus…