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UNITED STATES v. HEAP

No. 179, Docket 29938.

353 F.2d 535 (1965)

UNITED STATES of America, Appellee, v. John HEAP, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 2, 1965.

Attorney(s) appearing for the Case

Daniel R. Murdock, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, New York City, on the brief), for appellee.

John Heap, pro se.

Before MEDINA, WATERMAN and FRIENDLY, Circuit Judges.

PER CURIAM.

After a trial to court and jury John Heap was convicted of violations of the narcotics laws and, on April 20, 1964, given a mandatory sentence of five years imprisonment. After taking an appeal to this Court, the prisoner decided he wished to remain at the Federal Detention Headquarters in New York City pending the determination of his appeal. In order to remain at the Federal Detention Headquarters it was necessary for the prisoner to elect "not to commence...

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