Carl McFadden v. United States

Eighth Circuit

Carl McFadden v. United States

436 F.2d 1384

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 11, 1971

Docket71-1037_1

StatusPublished

Cited by3 cases

This text of 436 F.2d 1384 (Carl McFadden v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carl McFadden v. United States, 436 F.2d 1384 (8th Cir. 1971).

Pincite

Opinion

PER CURIAM.

Petitioner Carl McFadden, a federal prisoner convicted of narcotics violations (Kibby, Stewart and McFadden v. United States, 372 F.2d 598 (8th Cir.), cert. denied, 387 U.S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993 (1967)), seeks post-conviction relief under 28 U.S.C. § 2255, claiming the government procured his conviction through perjured testimony. The district court denied him relief. He sought leave to appeal in forma pauperis. The district court denied this relief and characterized that an appeal would be “without merit”. Petitioner then applied to this court for permission to appeal in forma pauperis. Following careful examination of the files, we denied him permission to proceed.

Thereafter, petitioner paid the statutory docketing fee and filed his appeal. He now moves for appointment of counsel to prosecute this appeal. In response to the motion, we again have fully reviewed appellant’s district court file. We determine his claims to be wholly without merit. The request for appointment of counsel is denied. Upon the court’s own motion, we dismiss this appeal as legally frivolous.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Petitioner Carl McFadden, a federal prisoner convicted of narcotics violations (Kibby, Stewart and McFadden v. United States, 372 F.2d 598 (8th Cir.), cert. denied, 387 U.S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993 (1967)), seeks post-conviction relief under 28 U.S.C. § 2255, claiming the government procured his conviction through perjured testimony. The district court denied him relief. He sought leave to appeal in forma pauperis. The district court denied this relief and characterized that an appeal would be “without merit”. Petitioner then applied to this court for permission to appeal in forma pauperis. Following careful examination of the files, we denied him permission to proceed.

Thereafter, petitioner paid the statutory docketing fee and filed his appeal. He now moves for appointment of counsel to prosecute this appeal. In response to the motion, we again have fully reviewed appellant’s district court file. We determine his claims to be wholly without merit. The request for appointment of counsel is denied. Upon the court’s own motion, we dismiss this appeal as legally frivolous.

Cite This Page — Counsel Stack

Bluebook (online)

436 F.2d 1384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-mcfadden-v-united-states-ca8-1971.

Opinion

Related

Cite This Page — Counsel Stack