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Dennis v. United States

United States Court of Appeals, Fourth Circuit
Oct 4, 1949
177 F.2d 195 (4th Cir. 1949)

Summary

In Dennis v. United States, (4 Cir., 1949) 177 F.2d 195, petitioner claimed that his counsel did not take an appeal for him as instructed.

Summary of this case from Dodd v. United States

Opinion

No. 5944.

Argued October 3, 1949.

Decided October 4, 1949.

Charlie Dennis, pro se, on brief.

Ben Scott Whaley, U.S. Atty., Charleston, S.C. (Louis M. Shimel, Asst. U.S. Atty., Charleston, S.C., on brief), for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.


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 Cir., 173 F.2d 316; Crowe v. United States, 4 Cir., 175 F.2d 799; Taylor v. United States, 177 F.2d 194.

Affirmed.


Summaries of

Dennis v. United States

United States Court of Appeals, Fourth Circuit
Oct 4, 1949
177 F.2d 195 (4th Cir. 1949)

In Dennis v. United States, (4 Cir., 1949) 177 F.2d 195, petitioner claimed that his counsel did not take an appeal for him as instructed.

Summary of this case from Dodd v. United States

In Dennis v. United States, 4 Cir., 177 F.2d 195, petitioner appealed from the district court's order denying his application for collateral relief under 28 U.S.C.A. section 2255.

Summary of this case from Blanchard v. Bennett
Case details for

Dennis v. United States

Case Details

Full title:DENNIS v. UNITED STATES

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 4, 1949

Citations

177 F.2d 195 (4th Cir. 1949)

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