Public-domain · open source
OpenJurist

430 F.2d 1176

Docket No. 19776.

United States v. Young

Tenth Circuit Court of Appeals

Decided Oct. 2, 1970.

Tenth Circuit Court of Appeals · decided 1970-10-02

Cited by 1 later decisions — most recently October 1973

1 federal appellate ·

3 counsel of record

Applies 18 U.S.C. § 2113

Relies on Halliday v. United States · Parker v. United States · United States v. Briscoe

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-10-02

View the full empirical analysis of this case →

¶1Ronald M. Sokol, Kansas City, Mo., for appellant.

¶2Oran Young, pro se.

¶3Charles E. French, Asst. U. S. Atty., Kansas City, Mo., for appellee; Bert C. Hurn, U. S. Atty., on the brief.

¶4Before MATTHES, Chief Judge, HEANEY, Circuit Judge, and VAN PELT, Senior District Judge.

¶5PER CURIAM.

¶6This is an appeal from the judgment of conviction entered upon a plea of guilty to an information charging a violation of 18 U.S.C. § 2113(b). Appellant’s motion to proceed in forma pauperis was granted. The case was regularly docketed and thereupon dismissed as legally frivolous.

¶7The United States Supreme Court vacated the dismissal, Young v. United States, 397 U.S. 97, 90 S.Ct. 819, 25 L.Ed. 2d 80 (1970), and remanded the case with directions to appoint counsel, stating: “If thereafter counsel is unable to present any nonfrivolous issue on appeal, the Court of Appeals would then be free to dismiss the appeal as legally insubstantial.”

¶8Counsel was then appointed in this court. Briefs were duly filed and the case was argued orally. Appellant’s pro se motion to file a reply brief was granted at the time of argument. A pro se reply brief has been filed and the case now stands submitted.

¶9This case is governed by the opinion of this court in United States of America v. *1177Briscoe, 428 F.2d 954, decided July 14, 1970, and nothing is added by again reviewing the cases therein discussed.

¶10It is clear under Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969), that appellant is not without remedy to correct constitutional defects in his conviction if any such exist.

¶11The judgment of conviction is affirmed.

/430/f2d/1176 · .json · Public domain