Albert Houston Carter v. United States

BELL’S

dissenting opinion:

I join in Judge BELL’S dissenting opinion, but I would not stop there.

It is time — and when the Court voted to hear the case en banc, I suppose that all of us thought this would be the time— for the full Court to give critical review to this important problem of federal criminal law. But an inability to muster a majority out of the Judges sitting has again postponed this day. Perhaps offsetting the awesome consequence that this particular, appellant has something substantively less than the appeal as a matter of right which 28 U.S.C.A. § 1291; F.R.Crim.P. 37, affords…