U.S. Court of Appeals for the Fifth Circuit, 1974

United States v. Moody

U.S. Court of Appeals for the Fifth Circuit · Decided March 8, 1974

490 F.2d 866; 1974 U.S. App. LEXIS 9777 (Federal Reporter, Second Series)

Counsel

Walter Leroy Moody, Jr., pro se., William J. Schloth, U. S. Atty., Ronald T. Knight, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

United States v. Burdette George Winn (9th Cir. 1978)

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Opinion of the Court

PER CURIAM:

Appellant filed a motion in the district court that he be permitted to purchase a copy of the deposition of a psychiatrist who had treated him, taken in connection with a motion for reduc*867tion of bond. The district court denied the motion stating that “it will be for the benefit and mental well being of petitioner to deny this aspect of his motion in that he might be affected adversely by having access. See Johnson v. United States, 293 F.2d 100 (5th Cir. 1961).” We agree. Furthermore, the deposition was considered only in conjunction with a motion for reduction of bond while awaiting trial, and appellant has since been tried and convicted and the conviction affirmed in Moody v. United States, 5th Cir. 1973, 474 F.2d 1346. Therefore production of the deposition would in no way benefit appellant in any potential post-conviction proceeding. The judgment below is affirmed.

Affirmed.

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