United States v. Brett Allen Bursey

GOLDBERG, Circuit Judge:

This appeal arises from a unique procedural matrix. In the Spring of 1973, Appellant Brett Allen Bursey was convicted by a jury in the Southern District of Texas of possession of peyote in violation of 21 U.S.C. § 841(a), and was sentenced to four years imprisonment. Brett Bursey was granted leave to proceed in forma pauperis on appeal, and counsel was appointed to represent him. Bond pending appeal was set at $10,000. At the time of the initiation of his appeal, Brett Bursey was in the South Carolina State Penitentiary on an unrelated conviction. In order that he…