Supreme Court of the United States, 1960

McGann v. United States

Supreme Court of the United States · Decided March 21, 1960 · Per Curiam

362 U.S. 214; 80 S. Ct. 629; 4 L. Ed. 2d 666; 1960 U.S. LEXIS 1450 (United States Reports)

Counsel

By appointment of the Court, 361 U. S. 803, Thomas Homer Davis argued the cause and filed a brief for petitioner., Theodore George Gilinsky argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Wilkey and Beatrice Rosenberg.

Cases that cite this one

4 later published cases cite this decision.

Clarence Duke McGann 20205-145 v. U. S. Board of Parole & M. R. Hogan, (Warden) (3d Cir. 1973)
McGann v. United States (District Court, D. Maryland 1964)
Rogers v. State (Tex. Crim. App. 1982)
United States ex rel. Chatary v. Nailon (District Court, E.D. Pennsylvania 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The writ of certiorari was improvidently granted and must be dismissed. When the case was brought here, on the meager documentation which so often is all that is presented by indigent prisoners seeking review on their own behalf, we assumed that a question involving the construction of 28 U. S. C. § 2255 called for adjudication. After argument, it became clear that the question of construction is not appropriately presented by the record because petitioner’s claim upon the merits was fully considered and decided below, and we find his challenge of that action to be so insubstantial as not to have warranted bringing the case here.

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