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UNITED STATES v. SURGEON

No. 19676.

421 F.2d 119 (1970)

UNITED STATES of America, Appellee, v. Willie James SURGEON, Appellant.

United States Court of Appeals, Eighth Circuit.

February 5, 1970.

Attorney(s) appearing for the Case

Willie James Surgeon, pro se.

Daniel Bartlett, Jr., U. S. Atty., and William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

Willie James Surgeon, an inmate of the federal penitentiary at Leavenworth, appeals from the district court's denial of his motion under Rule 35, Fed.R.Crim.P., for correction of sentences. Surgeon sought to take his appeal in forma pauperis but permission for this was denied by the district court, by appropriate written certificate, as untimely and as frivolous, lacking in merit, and not taken in good faith within the meaning of 28 U.S.C...

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