On remand, what is the effect of the federal government's reply to appellant's petition?

We reverse because the district court in rejecting appellant's petition did not have before it any reply by the government to the allegations of the petition either denying them or dealing with them otherwise. For all that appears from the record as we now have it, the government may be prepared to concede the validity of the petitioner's position. On remand, the district court, after receiving the government's reply, will be in a position to determine whether a hearing on appellant's motion is needed. See, United States ex rel. Rambert v. New York, 358 F.2d 715 (2d Cir. decided April 1, 1966).