United States v. Tucker

DENMAN, Chief Judge.

I concur in the order of the court, but dissent from its failure to consider Tucker’s main contention in his motion to appeal forma pauperis.

It is that after his attorney had retired from the case when sentence was pronounced Tucker informed the court that he wished to appeal from his conviction and that no notice of appeal was filed.

Such allegations in his verified motion raise a substantial question as to whether he was entitled to the benefits of that portion of Rule 37(a)(2), Fed.R.Crim.P. 18 U.S.C.A., which provides:

“When a court after trial imposes sentence upon a…