KIRK v. UNITED STATES

No. 18233.

447 F.2d 749 (1971)

John KIRK, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 22, 1971.


Attorney(s) appearing for the Case

Michael E. Phenner, Chicago, Ill., for petitioner-appellant.

William J. Bauer, U. S. Atty., Farrel J. Griffin, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before MAJOR, Senior Circuit Judge, and FAIRCHILD and PELL, Circuit Judges.


FAIRCHILD, Circuit Judge.

This is an appeal from a denial of a motion to vacate a sentence under 28 U.S.C. § 2255.

On November 14, 1966, John Kirk was convicted by a jury of selling heroin in violation of 26 U.S.C. § 4705(a) and 21 U.S.C. § 174. The district court imposed sentence, but did not advise Kirk "of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis...

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