SMITH v. UNITED STATES

No. 17781.

313 F.2d 663 (1962)

Isadore SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 14, 1962.


Attorney(s) appearing for the Case

Isadore Smith, United States Medical Center, Springfield, Mo., in pro. per.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., and Elmer Enstrom, Jr., San Diego, Cal., for appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.


BARNES, Circuit Judge.

Appellant first brings on a motion that this action "be certified to the Supreme Court for its consideration of the Constitutional Issue." We know of no authority authorizing us to require the Supreme Court to do anything. No authority for such procedure is cited in the motion. It is denied.

This is an appeal from an order of the court below, entered January 22, 1960, denying appellant relief under a § 2255 motion. The district...

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