Hayes v. United States, 20573.
Decision Date | 09 January 1964 |
Docket Number | No. 20573.,20573. |
Citation | 325 F.2d 1022 |
Parties | Russell L. HAYES, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Russell L. Hayes, pro se.
Carl Walker, Jr., Asst. U. S. Atty., Houston, Tex., Woodrow Seals, U. S. Atty., James R. Gough, Asst. U. S. Atty., for appellee.
Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.
Subsequent to our decision of November 1, 1963, the United States filed a Suggestion of Mootness which informs this Court that Russell L. Hayes, Appellant, has been released from confinement at the Federal Correctional Institution by reason of the completion of his sentence. The Suggestion sets forth these facts:
We think it inappropriate for us initially to determine either the factual accuracy of the claim of mootness or its legal significance in a proceeding seeking the particular relief requested by this § 2255 petition. But on the remand heretofore ordered, the District Court is free to, and should, determine the claim and take whatever action might be legally appropriate. This course may be especially advisable since, if factually and legally supported, an ultimate dismissal of this cause for mootness may make it unnecessary to determine the substantive issues raised in this proceeding under 28 U.S.C.A. § 2255.
Enter.
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Hayes v. United States, Civ. A. No. H-77-186.
...court noted that this was a factual issue for the district court to determine upon the November 1, 1963 remand. Hayes v. United States, 325 F.2d 1022 (5th Cir. 1964). On November 8, 1965, the district court, speaking through the Honorable Allen B. Hannay, denied relief to Hayes on grounds o......
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Hayes v. United States, C. A. No. 68-H-563 Relative to Crim. No. 12987.
...in the last appearance of the case before the Court of Appeals prior to this Court's consideration of the case. Hayes v. United States, 5 Cir., 325 F.2d 1022 (January 9, 1964). More precisely, the suggestion was that a dismissal of the cause for mootness, if factually and legally supported,......
- Hayes v. United States