U.S. Court of Appeals for the Fifth Circuit, 1970

Joseph Michael Lacaze, Charles William Acevedo, Douglas Arceneaux, and Virginia Cain v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided June 2, 1970 · Brown, Morgan, Ingraham

427 F.2d 144; 1970 U.S. App. LEXIS 8947 (Federal Reporter, Second Series)

Counsel

Charles W. Acevedo, Sr., Joseph Michael LaCaze, in pro per., Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

Joseph Michael Lacaze, and Douglas Arceneaux v. United States (5th Cir. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In this ease the District Court denied the appellant’s motions under 28 U.S.C. § 2255 without making findings of fact and conclusions of law, as is required by the provisions of Rule 52(a), F.R.Civ.P. See Welch v. Beto, 5 Cir., 1968, 400 F.2d 582; Waters v. Beto, 5 Cir., 1968, 392 F.2d 74. Therefore the case is remanded to enable the District Court to state its findings and conclusions, and certify them to this Court by a supplemental record. The District Court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.

Remanded.

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