288 F.2d 440 - Kyle v. United States — 288 F.2d 440

How this case has been cited

Cited by 21 later decisions — most recently June 2006

16 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *441Alastair Kyle, pro se.

¶2Cornelius W. Wickersham, Jr., TJ. S. Atty., E. D. of New York, Brooklyn, N. Y., for appellee.

¶3Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.

¶4PER CURIAM.

¶5The motion to dispense with the printing of the appellant’s brief and appendix is granted. The appellee’s cross-motion to dismiss the appeal as moot is denied.

¶6The appellant alleges that the felony conviction which he is attacking deprives him of voting rights. under the law of New York even after his unconditional release from custody. New York Penal Law § 510-a-. This is a substantial civil right, and its possible deprivation warrants our treating this petition, brought under 28 U.S.C. § 2255 before the district court while the appellant was still in custody, as an application for a writ of error coram nobis, United States v. Morgan, 1954, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248; Pollard v. United States, 1957, 352 U.S. 354, 358, 77 S.Ct. 481, 1 L.Ed.2d 393; Moon v. United States, 1959, 106 U.S.App.D.C. 301, 272 F.2d 530; Pledger v. United States, 4 Cir., 1959, 272 F.2d 69. We need not consider the decision in United States v. Roth, 2 Cir., 1960, 283 F.2d 765, since the judges who .participated in that opinion vacated it on January 26, 1961. See United States v. Roth, 2 Cir., 286 F.2d 635.