Legal Opinion

David S. Kotz v. United States

Court of Appeals for the Eighth Circuit

Decided November 22, 1965No. 17953_1PublishedCited by 62 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

Appellant took this appeal from the denial of a motion by him under 28 U.S.C.A. § 2255 to vacate sentence. After he had filed brief and the case was placed on the calendar for our next regular session, he made request by letter to the Clerk to be permitted to “withdraw” the appeal.

It appeared that the motion was the second one under § 2255 which he had undertaken to file, with him having made a request for withdrawal of the first motion after its receipt by the Clerk of the District Court, as he is now attempting to do with this appeal. Also, his brief purported to…

2Cases cited10 opinions

  1. Sanders v. United StatesSupreme Court of the United States · 1963
  2. Kercheval v. United StatesSupreme Court of the United States · 1927
  3. Vincent L. Pilkington v. United StatesCourt of Appeals for the Fourth Circuit · 1963
  4. Richard B. Carter v. United StatesCourt of Appeals for the D.C. Circuit · 1962
  5. Donald Bernard Cunningham v. United StatesCourt of Appeals for the Fifth Circuit · 1958

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3Cited by62 opinions

  1. People v. OlivasCalifornia Supreme Court · 1976
  2. State v. SiscoSupreme Court of Iowa · 1969
  3. United States v. John David WoodallCourt of Appeals for the Fifth Circuit · 1971
  4. United States of America Ex Rel. Albert B. Crosby v. Joseph R. Brierley, Superintendent, Philadelphia, PennsylvaniaCourt of Appeals for the Third Circuit · 1968
  5. State v. GleasonSupreme Judicial Court of Maine · 1979

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