Gilbert Delgado v. United States

Petitioner, Gilbert Delgado, after making two prior applications under Section 2255, Title 28 U.S.C., which applications were denied by the District Court of the Southern District of California, filed a third petition upon a different ground in that Court under Section 2255, entitled Motion to Vacate and Set Aside the Illegal Sentence. In this motion petitioner alleged as follows:

No detailed specifications of fact are made in this petition and no probative facts are alleged in support of the above general conclusionary allegations. The District Court denied the application without a hearing, and recited in a five-page order the prior proceedings in petitioner’s case before the District Court. The order recited among other things that petitioner had appeared before the Court on six separate occasions prior to his trial before the District Court sitting without a jury. It recited further that petitioner had been represented in his appearance before the Court by counsel of his own choosing. It recited that after a two-day trial before the District Court, where petitioner was represented by counsel, the petitioner was found guilty of the charges contained in three counts of the…