274 F.2d 940 (5th Cir. 1960), 18122, Hogue v. Wilkinson

Docket Nº:18122.
Citation:274 F.2d 940
Party Name:Leonard Frank HOGUE, Appellant, v. F. T. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.
Case Date:February 26, 1960
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 940

274 F.2d 940 (5th Cir. 1960)

Leonard Frank HOGUE, Appellant,

v.

F. T. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

No. 18122.

United States Court of Appeals, Fifth Circuit.

February 26, 1960

Chester E. Wallace, Atlanta, Ga., for appellant.

E. Ralph Ivey, Asst. U.S. Atty., Charles D. Read, Jr., U.S. Atty., Atlanta, Ga., for appellee.

Before RIVES, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

It appears that the appellant has failed to apply for relief by motion under§ 28 U.S.C.A. 2255 to the Court which sentenced him, and it does not appear that the remedy by such motion is inadequate or ineffective to test the legality of his detention. His application for habeas corpus collaterally attacking his sentence was therefore properly denied. § 28 U.S.C.A...

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