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Patrick v. United States

United States Court of Appeals, Eighth Circuit
Sep 20, 1972
466 F.2d 502 (8th Cir. 1972)

Opinion

No. 72-1295.

Submitted September 15, 1972.

Decided September 20, 1972.

Charles B. Patrick, pro se.

Daniel Bartlett, Jr., U.S. Atty., and J. Patrick Glynn, Asst. U.S. Atty., St. Louis, Mo., on brief, for appellee.

Appeal from the United States District Court for the Eastern District of Missouri.

Before BRIGHT and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Sitting by designation.


Charles B. Patrick appeals from a dismissal of his 28 U.S.C. § 2255 motion to vacate his twenty-year sentence imposed in 1958.

This is Patrick's fourth such motion and his allegation of ineffective counsel was considered on its merits by the district court in 1970 and the appeal from that decision was dismissed as frivolous by this Court in Patrick v. United States, (C.A. 8 No. 20280, May 28, 1970) in an unreported decision.

The district court is not required to entertain successive motions for similar relief on behalf of the same person. Young v. United States, 457 F.2d 800 (C.A. 8 1972). See Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). A review of the record convinces us that Patrick's allegations have already been fully considered in the federal courts and that this case is appropriate for summary affirmance. See Rule 14.

Affirmed.


Summaries of

Patrick v. United States

United States Court of Appeals, Eighth Circuit
Sep 20, 1972
466 F.2d 502 (8th Cir. 1972)
Case details for

Patrick v. United States

Case Details

Full title:CHARLES B. PATRICK, APPELLANT, v. UNITED STATES OF AMERICA, APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 20, 1972

Citations

466 F.2d 502 (8th Cir. 1972)

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