369 F.2d 809 - Bunn v. United States — 369 F.2d 809

How this case has been cited

Cited by 10 later decisions — most recently June 1983

9 federal appellate ·

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 *810Melton Hill Tankersley, Montgomery, Ala. (Court-appointed), for appellant.

¶2R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., Macon L. Weaver, U. S. Atty., for appellee.

¶3Before TUTTLE, Chief Judge, and THORNBERRY and GOLDBERG, Circuit Judges.

¶4PER CURIAM:

¶5This appeal is here on direct appeal from a conviction, which is subject to a motion to dismiss unless the time for filing has been extended by reason of the circumstances in the district court, and it is also here as an appeal from a Section 2255 motion, filed in the same district court.

¶6We hold that the filing of notice of appeal was extended by reason of Bunn’s having no counsel available at the time the notice of appeal was required to be filed in the district court. See Boruff v. United States, 5 Cir., 310 F.2d 918, Lyles v. United States, 5 Cir., 346 F.2d 789, and Miller v. United States, 5 Cir., 356 F.2d 63.

¶7We have carefully considered the briefs filed by appointed counsel and by appellant himself and find that there is no merit in the contention that Bunn himself was not seen selling the pills, the subject matter of the prosecution. There is ample evidence of his involvement in the actions of the other defendants. Neither do we find any error in the rulings of the trial court.

¶8As to matters raised in this court for the first time, they are without any support in the record and can, therefore, not be noticed on this appeal.

¶9The judgment is affirmed.