Smith v. United States

Full title: WILLIS SMITH, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 30, 1972

466 F.2d 509 (5th Cir. 1972)

Opinion

No. 72-1885.

August 30, 1972.

Willis Smith, pro se.

Robert W. Rust, U.S. Atty., Michael P. Sullivan, Asst. U.S. Atty., Miami, Fla., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Appellant having failed to file a brief, this appeal is referred to us under the provisions of Local Rule 9(c)(2).¹ The record reveals that the appeal is entirely lacking merit and we therefore dismiss.²

1 It is appropriate to dispose of this pro se case summarily, pursuant to this Court's local Rule 9(c)(2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

2 See Local Rule 20; Eisenhardt v. United States, 5th Cir. 1972, 461 F.2d 1267.