# United States v. Kathryn Thorne Kelly and Ora L. Shannon, 269 F.2d 448 (10th Cir. 1959)

Canonical: https://mobfiles.org/items/courtlistener-us-v-kelly-shannon-269-f2d-448/

The government's appeal from a 1958 district court order vacating the 1933 convictions and life sentences of Kathryn Thorne Kelly and her mother Ora L. Shannon, after the government declined to produce FBI files. The Tenth Circuit reversed and remanded.

In 1958 Kathryn Thorne Kelly and Ora L. Shannon each moved under 28 U.S.C. § 2255 to vacate the sentences imposed on them in 1933. The district court asked for the FBI's files; "Acting under the direction of the Attorney General, the United States Attorney declined to make the files available for such purpose." The court then "entered an order sustaining the motions to vacate and set aside the judgments and sentences in the two criminal cases, and ordering new trials in such cases."

The government appealed. The Tenth Circuit held: "The order vacating and setting aside the judgments and sentences in the two criminal cases is reversed and the cause is remanded." The opinion does not say whether either woman was released; the FBI's history page says Kathryn Kelly was released from prison in 1958. This page does not follow either woman's life after the case.

## Sources

- CourtListener: https://www.courtlistener.com/opinion/248748/united-states-v-kathryn-thorne-kelly-and-ora-l-shannon/