MCABEE
v.
UNITED STATES

U.S. | 1960-02-23
No. 111
361 U.S. 537 Supreme Court of the United States (1960) Positive Treatment
Cited by 2 cases
Opinion of the Court
Per' Curiam.

Per' Curiam.

The motion for-leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Upon the -suggestion of the Solicitor General the judgment of the Court of Appeals is vacated and the case is remanded to that court for consideration in light of Johnson v. United States, 352 U. S. 565, and Ellis v. United States, 356 U. S. 674.

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  • Coppedge v. United States, 369 U.S. 438 (U.S. 1962)
    …ted States, 357 U. S. 219; Hansford v. United States, 357 U. S. 578; Kitchens v. United States, 358 U. S. 42; Smith v. United States, 358 U. S. 281; Smith v. United States, 361 U. S. 13; Smith v. United States, 361 U. S. 38; McAbee v. United States, 361 U. S. 537; Lurk v. United States, 366 U. S. 712. See also Page v. United States, 359 U. S. 116; Willis v. United States, 362 U. S. 216. Cf. Simcox v. Madigan, 366 U. S. 765; Ragan v. Cox, 369 U. S. 437. 28 U. S. C. §§ 1291, 1294; Fed. Rules Crim. Proc. 37…
  • McABEE v. United States, 294 F.2d 703 (D.C. Cir. 1961)
    …78 S.Ct. 974, 2 L.Ed.2d 1060, to consider whether the appeal had been abandoned, assuming one had been filed. The Supreme Court’s action remanding the case to us for such consideration now brings the matter to our attention for the fifth time. 1960, 361 U.S. 537, 80 S.Ct. 615, 4 L.Ed.2d 539. At this late date, and having in mind the time and effort which has been devoted to this case, it seems to us that a sound solution can be found in examining the merits of appellant’s claim as if the appeal had indeed…

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