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SOLIS v. U.S.

No. 99-5833.

252 F.3d 289 (2001)

Julio SOLIS, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Filed June 5, 2001.

Attorney(s) appearing for the Case

For the United States: Robert J. Cleary, Esq., United States Attorney George S. Leone, Esq., Chief, Appeals Division Norman Gross, Esq., Assistant United States Attorney Camden Federal Building and United States Courthouse 401 Market St., Fourth Floor Camden, N.J. 08101-2098

For Appellant Julio Solis: Thomas F. Dorn, Jr., Esq. c/o Sinins & Bross, Esqs. 201 Washington St. Newark, N.J. 07102

BEFORE: SCIRICA, ROSENN, and GIBSON, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

A request by a petitioner under 28 U.S.C. § 2255 for an evidentiary hearing under the District Court's discretionary power is not unusual and not often granted. However, in this appeal, the petitioner presents a rare situation where he claims the right to a mandatory evidentiary hearing.

In September 1996, a federal grand jury in the District of New Jersey indicted Julio Solis on a one-count indictment...

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