GRAF v. UNITED STATES

No. 17475.

323 F.2d 935 (1963)

Donald Leon GRAF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 22, 1963.


Attorney(s) appearing for the Case

Thomas Moore, St. Paul, Minn., represented Donald Leon Graf in the District Court.

Miles W. Lord, U. S. Atty., Minneapolis, Minn., represented the United States in the District Court.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


PER CURIAM.

The District Court permitted appellant to file notice of appeal from the denial of his motion to vacate sentence under 28 U.S.C.A. § 2255, but it refused him leave to proceed further in forma pauperis, on the ground that the appeal was frivolous. He now seeks to have us grant him such leave. We think the District Court was right in regarding the appeal as frivolous.

As a matter of public interest, however, in not having any attack upon a criminal...

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