Dennis v. United States

Fourth Circuit

Dennis v. United States

177 F.2d 195, 1949 U.S. App. LEXIS 3160

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 4, 1949

Docket5944

StatusPublished

Cited by35 cases

This text of 177 F.2d 195 (Dennis v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dennis v. United States, 177 F.2d 195, 1949 U.S. App. LEXIS 3160 (4th Cir. 1949).

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Opinion

PER CURIAM.

This is an appeal from an order denying a motion made by a prisoner under 28 U.S.C.A. § 2255. Prisoner was convicted of violating 18 U.S.C.A. § 254 [now §§ 111, 2231], He was represented by counsel on his trials and was not denied any constitutional right. He seeks by the motion under 28 U.S.C.A. § 2255 to retry the case on the facts and to raise questions of law which could have been raised by appeal. This he may not do. He claims that his counsel did not take an appeal for him as instructed; but, aside from the fact that it appears that counsel advised him that he had no ground for appeal and received no further instructions, failure to appeal may not be excused upon a mere showing of neglect of counsel. The motion was properly denied. Birtch v. United States, 4 *196 Cir., 173 F.2d 316; Crowe v. United States, 4 Cir., 175 F.2d 799; Taylor v. United States, 177 F.2d 194.

Affirmed.

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PER CURIAM.

This is an appeal from an order denying a motion made by a prisoner under 28 U.S.C.A. § 2255. Prisoner was convicted of violating 18 U.S.C.A. § 254 [now §§ 111, 2231], He was represented by counsel on his trials and was not denied any constitutional right. He seeks by the motion under 28 U.S.C.A. § 2255 to retry the case on the facts and to raise questions of law which could have been raised by appeal. This he may not do. He claims that his counsel did not take an appeal for him as instructed; but, aside from the fact that it appears that counsel advised him that he had no ground for appeal and received no further instructions, failure to appeal may not be excused upon a mere showing of neglect of counsel. The motion was properly denied. Birtch v. United States, 4 *196 Cir., 173 F.2d 316; Crowe v. United States, 4 Cir., 175 F.2d 799; Taylor v. United States, 177 F.2d 194.

Affirmed.

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Bluebook (online)

177 F.2d 195, 1949 U.S. App. LEXIS 3160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-united-states-ca4-1949.

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