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  • Clarence Duke McGann v. United States Marshal, District of Maryland, Clarence Duke McGann v. United States, 347 F.2d 986, 4th Cir. (1965)

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    Three judges of the United States Court of Appeals for the Fourth Circuit heard an appeal from Clarence Duke McGann regarding the denial of his petition to vacate a Maryland state sentence under 28 U.S.C. § 2255. In a brief per curiam opinion, the court affirmed the decision of the district court, agreeing with the reasons stated in the lower court's opinion that found McGann's petition to vacate the Maryland sentence lacked merit. As the higher court upheld the denial, it found it unnecessary to consider McGann's additional habeas corpus claims regarding the validity of a separate conviction from New York.

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    Filed: 1965-07-06 Precedential Status: Precedential Citations: 347 F.2d 986 Docket: 9726

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    Three judges of the United States Court of Appeals for the Fourth Circuit heard an appeal from Clarence Duke McGann regarding the denial of his petition to vacate a Maryland state sentence under 28 U.S.C. § 2255. In a brief per curiam opinion, the court affirmed the decision of the district court, agreeing with the reasons stated in the lower court's opinion that found McGann's petition to vacate the Maryland sentence lacked merit. As the higher court upheld the denial, it found it unnecessary to consider McGann's additional habeas corpus claims regarding the validity of a separate conviction from New York.

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    4 views2 pages

    Clarence Duke McGann v. United States Marshal, District of Maryland, Clarence Duke McGann v. United States, 347 F.2d 986, 4th Cir. (1965)

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    Scribd Government Docs
    Three judges of the United States Court of Appeals for the Fourth Circuit heard an appeal from Clarence Duke McGann regarding the denial of his petition to vacate a Maryland state sentence under 28 U.S.C. § 2255. In a brief per curiam opinion, the court affirmed the decision of the district court, agreeing with the reasons stated in the lower court's opinion that found McGann's petition to vacate the Maryland sentence lacked merit. As the higher court upheld the denial, it found it unnecessary to consider McGann's additional habeas corpus claims regarding the validity of a separate conviction from New York.

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    of 2

    347 F.

    2d 986

    Clarence Duke McGANN, Appellant,


    v.
    UNITED STATES MARSHAL, DISTRICT OF MARYLAND,
    Appellee.
    Clarence Duke McGANN, Appellant,
    v.
    UNITED STATES of America, Appellee.
    No. 9725.
    No. 9726.

    United States Court of Appeals Fourth Circuit.


    Argued July 2, 1965.
    Decided July 6, 1965.

    Appeals from the United States District Court for the District of
    Maryland, at Baltimore; Roszel C. Thomsen, Judge.
    Lowell R. Bowen, Baltimore, Md. (Court-assigned counsel) for appellant.
    Ronald T. Osborn, Asst. U. S. Atty. (Thomas J. Kenney, U. S. Atty., on
    brief), for appellee.
    Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and
    BUTZNER, District Judge.
    PER CURIAM:

    For the reasons stated by the District Judge in his opinion, 233 F.Supp. 419, the
    denial of the petition to vacate the Maryland sentence under 28 U.S.C. 2255
    is affirmed. This makes it unnecessary to consider the jurisdiction of the
    District Court of Maryland to entertain a habeas corpus petition attacking the
    New York conviction.

    Affirmed.

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