Robert Louis Porter v. United States

Fifth Circuit

Robert Louis Porter v. United States

272 F.2d 695

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 4, 1959

Docket17595_1

StatusPublished

Cited by7 cases

This text of 272 F.2d 695 (Robert Louis Porter 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.

Bluebook

Robert Louis Porter v. United States, 272 F.2d 695 (5th Cir. 1959).

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Opinion

PER CURIAM.

Robert Louis Porter, while represented by counsel, perfected an ordinary appeal from a judgment of conviction on three counts for the unlawful transfer of marihuana in violation of Title 26 United States Code, § 4742(a) (I.R.C.1954), which resulted in a sentence of imprisonment for twenty years. Subsequent thereto, appellant was unable to continue the services of his retained counsel and, at his request, this Court appointed counsel to aid him in the preparation and presentation of his appeal. By letter, this appointed counsel has advised the Court that, “I have carefully reviewed the entire record in this case and can find nothing in the nature of reversible error.” No argument has been heard from the appellee, but since the report from appointed counsel each of the three judges composing this Court has carefully read and considered the entire record and has become satisfied that counsel has diligently investigated any possible grounds of appeal, and agrees with counsel’s evaluation of the case. The Court is of the opinion that any issues which might be raised are so frivolous that the appeal should be dismissed. Federal Rules of Criminal Procedure, 39 (a), 18 U.S.C. Compare Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060. Counsel’s request for leave to withdraw from the case is therefore granted, and the appeal is

Dismissed.

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PER CURIAM.

Robert Louis Porter, while represented by counsel, perfected an ordinary appeal from a judgment of conviction on three counts for the unlawful transfer of marihuana in violation of Title 26 United States Code, § 4742(a) (I.R.C.1954), which resulted in a sentence of imprisonment for twenty years. Subsequent thereto, appellant was unable to continue the services of his retained counsel and, at his request, this Court appointed counsel to aid him in the preparation and presentation of his appeal. By letter, this appointed counsel has advised the Court that, “I have carefully reviewed the entire record in this case and can find nothing in the nature of reversible error.” No argument has been heard from the appellee, but since the report from appointed counsel each of the three judges composing this Court has carefully read and considered the entire record and has become satisfied that counsel has diligently investigated any possible grounds of appeal, and agrees with counsel’s evaluation of the case. The Court is of the opinion that any issues which might be raised are so frivolous that the appeal should be dismissed. Federal Rules of Criminal Procedure, 39 (a), 18 U.S.C. Compare Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060. Counsel’s request for leave to withdraw from the case is therefore granted, and the appeal is

Dismissed.

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Bluebook (online)

272 F.2d 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-louis-porter-v-united-states-ca5-1959.

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