United States v. Moody

Fifth Circuit

United States v. Moody

490 F.2d 866, 1974 U.S. App. LEXIS 9777

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 8, 1974

DocketNo. 73-3526

StatusPublished

Cited by2 cases

This text of 490 F.2d 866 (United States v. Moody) 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

United States v. Moody, 490 F.2d 866, 1974 U.S. App. LEXIS 9777 (5th Cir. 1974).

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Opinion

PER CURIAM:

Appellant filed a motion in the district court that he be permitted to purchase a copy of the deposition of a psychiatrist who had treated him, taken in connection with a motion for reduc[867]*867tion of bond. The district court denied the motion stating that “it will be for the benefit and mental well being of petitioner to deny this aspect of his motion in that he might be affected adversely by having access. See Johnson v. United States, 293 F.2d 100 (5th Cir. 1961).” We agree. Furthermore, the deposition was considered only in conjunction with a motion for reduction of bond while awaiting trial, and appellant has since been tried and convicted and the conviction affirmed in Moody v. United States, 5th Cir. 1973, 474 F.2d 1346. Therefore production of the deposition would in no way benefit appellant in any potential post-conviction proceeding. The judgment below is affirmed.

Affirmed.

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PER CURIAM:

Appellant filed a motion in the district court that he be permitted to purchase a copy of the deposition of a psychiatrist who had treated him, taken in connection with a motion for reduc[867]*867tion of bond. The district court denied the motion stating that “it will be for the benefit and mental well being of petitioner to deny this aspect of his motion in that he might be affected adversely by having access. See Johnson v. United States, 293 F.2d 100 (5th Cir. 1961).” We agree. Furthermore, the deposition was considered only in conjunction with a motion for reduction of bond while awaiting trial, and appellant has since been tried and convicted and the conviction affirmed in Moody v. United States, 5th Cir. 1973, 474 F.2d 1346. Therefore production of the deposition would in no way benefit appellant in any potential post-conviction proceeding. The judgment below is affirmed.

Affirmed.

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Bluebook (online)

490 F.2d 866, 1974 U.S. App. LEXIS 9777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-moody-ca5-1974.

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