U.S. Court of Appeals for the D.C. Circuit, 1959

Edward L. Martin v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided October 8, 1959 · Miller, Washington, Burger

271 F.2d 499; 106 U.S. App. D.C. 233; 1959 U.S. App. LEXIS 3290 (Federal Reporter, Second Series)

Opinion

PER CURIAM.

Our review of the case on the merits satisfies us that the appeals as to Counts 1 and 4 are plainly without merit and since the sentences imposed on Counts 1 and 4 are concurrent with those imposed on Counts 9 and 11, we need not reach appellant’s claims with respect to the latter.

*500 The appeal at government expense was improvidently granted and should now be dismissed as frivolous. It is so ordered. 1

Appeal dismissed as frivolous.

WASHINGTON, Circuit Judge, would affirm rather than dismiss.

. In view of this action we should note that defense counsel advises us that although privately engaged, he has acted on this appeal without compensation; he has ably presented all aspects of the case for our consideration.

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