Haier v. United States

MURRAH, Chief Judge. This is petitioner's third § 2255 motion to invalidate a sentence imposed in 1946 for violation of the postal laws. The first motion in 1951 resulted in a denial of relief after a full hearing from which no appeal was taken. The second motion was denied after full hearing limited to asserted new grounds that his signed confession was coerced and that his constitutional rights were violated by not having been advised of his right to a preliminary hearing as provided by Rule 5(a). On appeal we reversed and remanded for rehearing holding that neither the mere lapse of time nor the failure to show that a retrial would result in a different judgment would justify the denial of relief on the asserted grounds. See 10 Cir., 334 F.2d 441.