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489 F.2d 283

Docket No. 73-1656.

McFadden v. United States

Eighth Circuit Court of Appeals

Submitted Dec. 14, 1973.

Decided Dec. 18, 1973.

Eighth Circuit Court of Appeals · decided 1973-12-18

Cited by 1 later decisions — most recently December 1973

1 federal appellate ·

2 counsel of record

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

Relies on Beigel v. United States · Kibby v. United States · United Statesof America v. Charles R. Stewart

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-12-18

View the full empirical analysis of this case →

¶1Carl McFadden, No. 83551, filed typewritten brief pro se.

¶2Donald J. Stohr, U. S. Atty., and Richard E. Couglin, Asst. U. S. Atty., St. Louis, Mo., filed printed appellee’s brief.

¶3Before GIBSON and ROSS, Circuit Judges, and TALBOT SMITH *, District Judge.

¶5PER CURIAM.

¶6Petitioner appeals from a denial of his motion under 28 U.S.C. § 2255, praying that the court set aside and vacate his conviction and order a new trial.

¶7The prior history of this case will be found in McFadden v. United States, 372 F.2d 598 (8th Cir. 1967), cert. denied 387 U.S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993(1967); McFadden v. United States, 317 F.Supp. 926 (E.D.Mo.1970); McFadden v. United States, 436 F.2d 1384 (8th Cir. 1971); United States v. Stewart, 445 F.2d 897 (8th Cir. 1971); McFadden v. United States, 343 F.Supp. 402 (E.D.Mo.1972), and McFadden v. United States, 463 F.2d 730 (8th Cir. 1972), rehearing denied July 26, 1972.

¶8We are now considering the fourth § 2255 motion. It asserts, in substance, that there was suppression by the government of evidence relating to the interest of a government witness in testifying for the government, asserting that the government had made a plea-bargaining “deal” with the witness. With a slight change in verbiage this is the same charge as made in the third § 2255 *284motion, which was denied after plenary-hearing with respect thereto, the denial thereof being affirmed by this court. The fourth, now before us, is likewise denied, and for the same reasons.

¶9As we held in a somewhat similar situation in Patrick v. United States, 466 F.2d 502 (8th Cir. 1972), an appeal from a dismissal of a fourth § 2255 motion,

¶10A review of the record convinces us that Patrick’s allegations have already been fully considered in the federal courts and that this case is appropriate for summary affirmance.

¶11Accordingly, the order, D.C., 362 F.Supp. 1106, dismissing petitioner’s motion to vacate and set aside sentence is

¶12Affirmed.

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