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435 F.2d 708

Docket No. 18478.

Evans v. United States

Third Circuit Court of Appeals

Submitted on Briefs Oct. 5, 1970.

Decided Dec. 14, 1970.

Third Circuit Court of Appeals · decided 1970-12-14

Cited by 3 later decisions — most recently December 1976

3 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-12-14

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¶1Stephen L. Evans, pro se.

¶2Louis C. Bechtle, U. S. Atty., Philadelphia, Pa. (Richard R. Galli, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for -appellee.

¶3Before HASTIE, Chief Judge, and STALEY and GIBBONS, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM:

¶6This appeal has been taken from a district court’s dismissal without hearing of a federal prisoner’s motion under 28 U.S. C. § 2255, collaterally attacking his conviction of robbery.

¶7In an attempt to show racial discrimination in jury selection the movant, a Negro, has asserted that only one member of his race was among the 12 petit jurors and 2 alternates who tried him and that there were only 2 Negroes among the group of prospective jurors from which the trial jury was selected. We agree with the district court that the allegations and proffered showing on the issue of racial discrimination in jury selection are inadequate.

¶8The appellant also says that the district court committed reversible error in refusing to treat a letter received from him while this proceeding was pending as an enlarging amendment of his motion. However, that letter merely asked the court to reconsider its denial of an earlier petition. Neither the substance nor the form of the communication was such as to oblige the court to review its earlier decision in this proceeding.

¶9The judgment will be affirmed.

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