MCGANN
v.
UNITED STATES

U.S. | 1960-03-21
No. 153
362 U.S. 214 Supreme Court of the United States (1960) Positive Treatment
Also reported at: 4 L. Ed. 2d 666 · 80 S. Ct. 629 · 1960 U.S. LEXIS 1450 · SCDB 1959-050
Cited by 4 cases
Per_curiam
Per Curiam.

Per Curiam.

The writ of certiorari was improvidently granted and must be dismissed. When the case was brought here, on the meager documentation which so often is all that is presented by indigent prisoners seeking review on their own behalf, we assumed that a question involving the construction of 28 U. S. C. § 2255 called for adjudication. After argument, it became clear that the question of construction is not appropriately presented by the record because petitioner’s claim upon the merits was fully considered and decided below, and we find his challenge of that action to be so insubstantial as not to have warranted bringing the case here.

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  • McGANN v. U. S. Bd. OF Parole & M. R. Hogan, 488 F.2d 39 (3d Cir. 1973)
    …ed.5 The April 6, 1973, district court order will be affirmed. . A third sentence of 12 years’ imprisonment for another bank robbery was imposed by the United States District Court for the Eastern District of New York. See McGann v. United States, 362 U.S. 214, 80 S.Ct. 629, 4 L.Ed.2d 666 (1960). Petitioner has had a series of collateral attacks on his Maryland sentence, including McGann v. United States, 249 F. 2d 431 (4th Cir. 1957), cert. denied, 356 U.S. 923, 78 S. Ct. 708, 2 L.Ed.2d 718 (1958) ; Uni…

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