Harold Pitts Roe v. United States

In order not to leave open appellant’s attack upon his conviction, the appeal pending from his filing of notice of appeal to the denial of his motion under 28 U.S.C.A. § 2255 to vacate sentence will be permitted to be docketed without payment of fee, and the appeal will thereupon be dismissed as not involving any substantial question for review and so legally being frivolous.

The history of appellant’s conviction and of his attacks thereon is set out in Roe v. United States, 307 F.2d 508 (C.A. 8, 1962) and Roe v. United States, 325 F.2d 556 (C.A. 8, 1963).

In the latter case, we reversed the…