Cassidy v. United States

Full title: MICHAEL JAMES CASSIDY, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 11, 1972

457 F.2d 813 (9th Cir. 1972)

Opinion

No. 71-1861.

February 15, 1972. Rehearing Denied May 11, 1972.

Michael J. Cassidy, in pro per.

Harry D. Steward, U.S. Atty., Stephen G. Nelson, Chief, Criminal Division, Shelby R. Gott, Asst. U.S. Atty., San Diego, Cal., for appellee.

Appeal from the United States District Court for the Southern District of California.

Before CHAMBERS, Circuit Judge, and MADDEN,^_ Judge of the United States Court of Claims, and TRASK, Circuit Judge.

_ J. Warren Madden, Senior Judge of the United States Court of Claims, sitting by designation.

PER CURIAM:

The order denying a petition under 28 U.S.C. § 2255 without a hearing is affirmed.

On the pleading submitted by Cassidy, we find it was not erroneous to deny a hearing. The court may appraise a petition by what is reasonably credible.

Further, no showing was made as to why the point sought to be made this time was not tendered in connection with prior proceedings.