George F. Martin v. United States

BREITENSTEIN, Circuit Judge.

The questions presented here relate to a proceeding under 28 U.S.C. § 2255. Appellant Martin, on a plea of guilty, was sentenced to consecutive five-year terms under a two-count indictment charging the use of the mails to defraud. An appeal from the judgment of conviction was dismissed as filed out of time. 1

After the dismissal of the first appeal, Martin attempted to file a motion for relief under § 2255 and submitted therewith an application for leave to proceed in forma pauperis which was denied. The clerk of the court wrote Martin that permission had been…