Donald A. Diaz, Appellant, v. United States of America, Appellee, 391 F.2d 932 (5th Cir. 1968)

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U.S. Court of Appeals for the Fifth Circuit - 391 F.2d 932 (5th Cir. 1968) April 2, 1968

Appeal from the United States District Court for the Eastern District of Louisiana; Alvin B. Rubin, Judge.

James F. Mulla, Jr., New Orleans, La., for appellant.

Harry F. Connick, Asst. U. S. Atty., New Orleans, La., for appellee.

Before COLEMAN and CLAYTON, Circuit Judges, and JOHNSON, District Judge.


The extensive and carefully considered opinion of the District Court, rendered pursuant to an evidentiary hearing, denying relief under 28 U.S.C.A. § 2255, has been published, 264 F. Supp. 937 (1967). The factual findings cannot be branded as clearly erroneous. We are in substantial agreement with the legal conclusions expounded. We, therefore, perceive nothing to be gained by super-imposing another opinion upon that which has already been written.

The Judgment appealed from is