COY
v.
UNITED STATES
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The circuit court of appeals erred in denying a petition for leave to appeal in forma pauperis when the district court had already allowed it.
Petitioner was convicted under the Bank Robbery Act and sought to appeal in forma pauperis. The district court allowed the appeal, but the circuit cou…
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Per Curiam:
Petitioner moves for leave to file a petition for certiorari under § 262 of the Judicial Code, to review an order of the Circuit Court of Appeals for the Sixth Circuit. The order denied his petition for leave to proceed with his appeal in forma pauperis from an order of the district court denying his motion to vacate sentence upon a conviction on one count of an indictment for violation of § 2 (a) and (b) of the Bank Robbery Act, 12 U. S. C. 588b (a) and (b).
Petitioner filed, with the district court, notice of appeal from its order and an application for leave to appeal in forma pauperis, which the district court allowed. On the same day, petitioner filed his petition for leave to proceed with his appeal in forma pauperis with the circuit court of appeals, which later denied his petition. As the appeal allowed by the district court was already properly before the circuit court of appeals, it should have allowed petitioner to proceed upon the appeal in forma pauperis, as provided by the district court’s order. 28 U. S. C. 832; Steffler v. United States, 319 U. S. 38, 41.
The Government confesses error. The motion for leave to proceed here in forma pauperis is granted. The motion for leave to file the petition for certiorari is granted and the petition for writ of certiorari is also granted. The order of the circuit court of appeals is vacated and the cause is remanded to that court in order that it may make appropriate disposition of the appeal allowed by the district court.
Bernard Paul Coy, pro se.
Solicitor General Fahy, sistant Attorney General Tom C. Clark, Messrs. Robert S. Erdahl and Irving S. Shapiro for the United States.
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Citator
Cited By
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COY v. United States, 156 F.2d 293 (6th Cir. 1946)…presented a meritorious question of law. Upon petition to the Supreme Court by the appellant, for writ of certiorari, our order of denial was, on June 16, 1945, vacated and the cause remanded to this court for appropriate disposition of the appeal. 325 U.S. 841, 65 S.Ct. 1581, 89 L.Ed. 1966. We have now heard argument upon it, ably presented orally and in brief, by counsel appointed for the appellant by the district judge. We are without aid of any brief from the United States Attorney who, of course, did…
Authorities Cited
- Steffler v. United States, 319 U.S. 38 (U.S. 1943)