McGann v. United States

Supreme Court

McGann v. United States

362 U.S. 214, 80 S. Ct. 629, 4 L. Ed. 2d 666, 1960 U.S. LEXIS 1450

CourtSupreme Court of the United States

DecidedMarch 21, 1960

Docket153

StatusPublished

Cited by5 cases

This text of 362 U.S. 214 (McGann v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGann v. United States, 362 U.S. 214, 80 S. Ct. 629, 4 L. Ed. 2d 666, 1960 U.S. LEXIS 1450 (1960).

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Opinion

Per Curiam.

The writ of certiorari was improvidently granted and must be dismissed. When the case was brought here, on the meager documentation which so often is all that is presented by indigent prisoners seeking review on their own behalf, we assumed that a question involving the construction of 28 U. S. C. § 2255 called for adjudication. After argument, it became clear that the question of construction is not appropriately presented by the record because petitioner’s claim upon the merits was fully considered and decided below, and we find his challenge of that action to be so insubstantial as not to have warranted bringing the case here.

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Per Curiam.

The writ of certiorari was improvidently granted and must be dismissed. When the case was brought here, on the meager documentation which so often is all that is presented by indigent prisoners seeking review on their own behalf, we assumed that a question involving the construction of 28 U. S. C. § 2255 called for adjudication. After argument, it became clear that the question of construction is not appropriately presented by the record because petitioner’s claim upon the merits was fully considered and decided below, and we find his challenge of that action to be so insubstantial as not to have warranted bringing the case here.

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Bluebook (online)

362 U.S. 214, 80 S. Ct. 629, 4 L. Ed. 2d 666, 1960 U.S. LEXIS 1450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgann-v-united-states-scotus-1960.

Opinion

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