Eddie L. Burdix v. United States

Good Law
16 Alaska 170·231 F.2d 893
United States Court of Appeals for the Ninth CircuitJune 4, 195614920California517 words

Opinion

Opinion

Appellant was convicted after trial by jury of the offense of possession and sale of narcotics in contravention of the laws of the Territory of Alaska, § 40-3-2, A.C.L.A.1949, and sentenced to a five-year term of imprisonment.

No appeal was taken from the judgment of conviction, but appellant, in custody under the sentence, thereafter filed in the District Court his motion to vacate and set aside the judgment pursuant to 28 U.S.C.A. § 2255 .

The District Court denied the motion, and appellant then presented contemporaneous applications to this Court and to the District Court for leave to appeal in forma pauperis from the order of denial. The District Court denied the application, certifying that the appeal was “not taken in good faith.” 28 U.S. C.A. § 1915(a). This Court likewise denied the application made here, and has since denied a like petition subsequently filed. Burdix v. United States, Misc.No. 423 (3/21/55) ; id. (12/2/55).

Appellant thereafter presented a two-volume typewritten transcript of the record made upon the trial, and has also filed a “Brief in Support of Appeal,” an “Opening Brief” and a “Final Brief.” These lay briefs present many and varied criticisms as…

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