Legal Opinion

Raymond Miranda v. United States of America, Docket No. Mr-4915

Court of Appeals for the Second Circuit

Decided February 2, 1972No. 402PublishedCited by 16 opinions

1Per curiam

Petitioner is appealing from a denial of his motion under 28 U.S.C. § 2255 to vacate and set aside his sentence on federal charges, 330 F.Supp. 1002. Pursuant to 18 U.S.C. § 3006A(d) (6), 1 he has moved for an order requiring the docketing of his criminal appeal without prepayment of fees. If this were a direct appeal petitioner would plainly be correct. But this is an appeal in a collateral attack on the judgment. District Judge Wyatt certified that an appeal from his decision would not be taken in good faith, thus preventing petitioner from proceeding in forma pauperis under 28 U.S.C. §…

2Cases cited4 opinions

  1. United States of America Ex Rel. Jacob Wissenfeld, Relator-Appellant v. Walter H. Wilkins, Warden, Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1960
  2. John T. Dirring v. United StatesCourt of Appeals for the First Circuit · 1965
  3. United States v. Raymond MirandaCourt of Appeals for the Second Circuit · 1971
  4. Miranda v. United StatesDistrict Court, S.D. New York · 1971

3Cited by16 opinions

  1. Berrios v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 2009
  2. United States v. Malcolm Jones WhitebirdCourt of Appeals for the Fifth Circuit · 1995
  3. George Heath v. United States Parole Commission and Robert Henderson, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  4. United States of America, and U.S. District Court Western District of New York v. Darnyl ParkerCourt of Appeals for the Second Circuit · 2006
  5. United States v. Michael ReddickCourt of Appeals for the Second Circuit · 1995

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