McBRIDE v. UNITED STATES

No. 396-70.

446 F.2d 229 (1971)

Jack Edgar McBRIDE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 14, 1971.


Attorney(s) appearing for the Case

Arlen S. Ambrose, Hays & Thompson, Denver, Colo., for plaintiff-appellant.

Robert P. Santee, Asst. U. S. Atty., Tulsa, Okl. (Nathan G. Graham, U. S. Atty., Tulsa, Okl., with him on the brief), for defendant-appellee.

Before HILL and JONES, Circuit Judges, and BROWN, District Judge.


WESLEY E. BROWN, District Judge.

McBride has appealed in forma pauperis from an Order overruling his motion to vacate sentence pursuant to 28 U.S.C. § 2255 entered by the trial court on May 28, 1970. He alleges that the court erred in denying his motion without an evidentiary hearing, and in rescinding his authorization to proceed in forma pauperis and denying issuance of subpoenas for witnesses on McBride's behalf.

McBride was convicted in the United...

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