McCARTNEY v. UNITED STATES

No. 19672.

343 F.2d 471 (1965)

Frank Joseph McCARTNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 7, 1965.


Attorney(s) appearing for the Case

Frank Joseph McCartney, in pro. per.

Cecil F. Poole, U. S. Atty., Sacramento, Cal., for appellee.

Before ORR, KOELSCH and ELY, Circuit Judges.


PER CURIAM.

While it may be argued that appointment of counsel in a proceeding to vacate sentence pursuant to 28 U.S.C. § 2255 is discretionary with the United States District Court in a case such as the one before us, we do not need to direct our attention to that question here. The District Court in this case exercised its judgment and appointed counsel to represent the prisoner, McCartney. Having thus determined that counsel should have been appointed, the...

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