Mancel Paul Quinn v. United States

Fifth Circuit

Mancel Paul Quinn v. United States

500 F.2d 387, 1974 U.S. App. LEXIS 6924

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 11, 1974

Docket387

StatusPublished

Cited by2 cases

This text of 500 F.2d 387 (Mancel Paul Quinn v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mancel Paul Quinn v. United States, 500 F.2d 387, 1974 U.S. App. LEXIS 6924 (5th Cir. 1974).

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Opinion

PER CURIAM:

This appeal is from the denial of relief to a federal prisoner who contended in a motion filed pursuant to 28 U.S.C. A. § 2255 that he was denied his right to appeal from his 1969 federal conviction. We affirm.

The facts developed on an evidentiary hearing in the district court and from the records in this court show without dispute that a notice of appeal was filed on his behalf; and that the clerk of the district court advised this court in 1969 that appellant had escaped from custody. The government then moved to dismiss the appeal. Court-appointed counsel for appellant thereupon advised that his information was that appellant had escaped and that counsel did not wish to pursue the appeal. The appeal was dismissed by this court on November 12, 1969.' The motion complaining of the denial of an appeal was filed in the district court on February 16,1973..

The district court was. of the view that the question presented was for this court rather than the district court and we agree. Cf. Van Blaricom v. Forscht, 5 Cir., 1974, 490 F.2d 461; United States v. Brown, 5 Cir., 1972, 456 F.2d 1112.

Affirmed.

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PER CURIAM:

This appeal is from the denial of relief to a federal prisoner who contended in a motion filed pursuant to 28 U.S.C. A. § 2255 that he was denied his right to appeal from his 1969 federal conviction. We affirm.

The facts developed on an evidentiary hearing in the district court and from the records in this court show without dispute that a notice of appeal was filed on his behalf; and that the clerk of the district court advised this court in 1969 that appellant had escaped from custody. The government then moved to dismiss the appeal. Court-appointed counsel for appellant thereupon advised that his information was that appellant had escaped and that counsel did not wish to pursue the appeal. The appeal was dismissed by this court on November 12, 1969.' The motion complaining of the denial of an appeal was filed in the district court on February 16,1973..

The district court was. of the view that the question presented was for this court rather than the district court and we agree. Cf. Van Blaricom v. Forscht, 5 Cir., 1974, 490 F.2d 461; United States v. Brown, 5 Cir., 1972, 456 F.2d 1112.

Affirmed.

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500 F.2d 387, 1974 U.S. App. LEXIS 6924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mancel-paul-quinn-v-united-states-ca5-1974.

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