Farnell v. Solicitor-General of United States, 29324 Summary Calendar.
| Decision Date | 20 July 1970 |
| Docket Number | No. 29324 Summary Calendar.,29324 Summary Calendar. |
| Citation | 429 F.2d 1318 |
| Parties | Lorenzo Richard FARNELL, Petitioner-Appellant, v. SOLICITOR-GENERAL OF the UNITED STATES; United States Attorney for the Southern District of Florida, Respondent-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Lorenzo Richard Farnell, pro se.
Robert W. Rust, U. S. Atty., Miami, Fla., Neal R. Sonnett, Asst. U. S. Atty., for respondents-appellees.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Appellant is a federal convict serving a two-year sentence for violating Title 26 U.S.C. § 4704(a).1 He is not attacking that conviction, but he filed a petition in the court below seeking to have certain evidence produced for his inspection and other evidence suppressed. As the district court stated, motions for discovery and inspection and for suppression of evidence are available prior to trial but not at this late date. Rule 16, F.R.Crim.P.; United States v. Kessler.2 The judgment of the district court is affirmed.
1 Pursuant to our Rule 18 this case is decided without oral argument.
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Hawkes v. Internal Revenue Service
...the discovery process, designed to help a defendant prepare for trial, is unavailable to appellant. See Farnell v. Solicitor-General of United States, 429 F.2d 1318 (5th Cir. 1970); United States v. Kessler, 253 F.2d 290 (2d Cir. Thus Appellant is now without any means other than those prov......
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DeLuna v. State, 4082
...Cir., 253 F.2d 290, 292. It has been held that such motion is available only at the trial and not thereafter, Farnell v. Solicitor-General of United States, 5 Cir., 429 F.2d 1318. The case of United States v. Sacasas, 2 Cir., 381 F.2d 451, 454, demonstrates this view when it was held as not......
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U.S. v. Gibson, 74-1287
...motion for discovery made at such a late date. United States v. Conder, 423 F.2d 904 (6th Cir. 1970), Farnell v. Solicitor-General of the United States, 429 F.2d 1318 (5th Cir. 1970), United States v. Kessler, 253 F.2d 290 (2nd Cir. Gibson's final and most serious contention is that he was ......
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United States v. Rhone
...process to help a defendant prepare for trial is unavailable after conviction and sentencing); Farnell v. Solicitor-General of United States, 429 F.2d 1318, 1318 (5th Cir. 1970) (affirming ruling that a motion for discovery under Rule 16 was unavailable after conviction); United States v. K......