Ernest L. Allen v. United States

LUMBARD, Chief Judge,

(concurring).

I wish merely to add that in my view it was an abuse of the district judge’s discretion to admit the appellant to bail under all the circumstances of this case. This court had recently affirmed the conviction and certiorari was denied by the Supreme Court. The matters which the appellant raised in his petition were frivolous and patently insubstantial, and, if they required any action by the district court, that action could and should have been taken by the district court after the appellant had surrendered and was in custody.