Adam v. Hagan
| Citation | 325 F.2d 719 |
| Decision Date | 26 December 1963 |
| Docket Number | No. 20606.,20606. |
| Parties | Lewis ADAM, Appellant, v. C. R. HAGAN, Warden, La Tuna Correctional Institute, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Frank P. Fullerton, El Paso, Tex., for appellant.
Fred J. Morton, Asst. U. S. Atty., El Paso, Tex., Ernest Morgan, U. S. Atty., San Antonio, Tex., M. H. Raney, Asst. U. S. Atty., El Paso, Tex., for appellee.
Before HUTCHESON, BROWN and BREITENSTEIN,* Circuit Judges.
Upon his plea of guilty to a one-count information charging interstate transportation of a forged security in violation of 18 U.S.C.A. § 2314, Petitioner was sentenced on July 3, 1958, to a term of 10 years in the District Court for the Western District of Oklahoma. On three occasions Petitioner unsuccessfully sought reduction or vacation of his sentence. The action of the sentencing Court in refusing relief the first two times was affirmed on appeal, Adam v. United States, 10 Cir., 1960, 274 F.2d 880; Adam v. United States, 10 Cir., 1959, 266 F.2d 819, and Petitioner did not appeal from the third denial of relief. On March 8, 1963, Petitioner, an inmate of the Correctional Institution at La Tuna, Texas, filed a Petition for Writ of Habeas Corpus in the Western District of Texas alleging that his remedy under 28 U.S.C.A. § 2255 is inadequate by reason of the previous denials of relief by the sentencing Court, the great distance of the La Tuna, Texas penitentiary from the sentencing Court, and Petitioner's desire for immediate release.
The last paragraph of 28 U.S. C.A. § 2255 provides that an application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion under the section shall not be entertained unless it appears that the remedy of § 2255 motion "is inadequate or ineffective to test the legality of his detention." We have held that the mere fact that relief under § 2255 has previously been denied by the sentencing Court on the merits does not render the remedy under that section inadequate or ineffective so as to allow resort to habeas corpus. Birchfield v. United States, 5 Cir., 1961, 296 F.2d 120. Likewise, distance from the sentencing Court does not render the remedy inadequate or ineffective since an adequate allegation of a factual issue which cannot be resolved from the files and records of the case makes a hearing necessary, at which, under appropriate circumstances, the prisoner must be present. Machibroda v. United States, 1962, 368...
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McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc.
...help here because in those cases there was a court available to consider the prisoner's motion to vacate. See, e.g., Adam v. Hagan, 325 F.2d 719, 720 (5th Cir. 1963) (holding that the distance between the place of confinement and the sentencing court does not make a § 2255 motion "inadequat......
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Waugaman v. United States, 21077.
...the remedy by motion under § 2255 inadequate or ineffective. Birchfield v. United States, 5 Cir., 1962, 296 F.2d 120; Adam v. Hagan, 5 Cir., 1963, 325 F.2d 719; Smith v. Settle, 8 Cir., 1962, 302 F.2d 142. Denial of habeas corpus was therefore Affirmed. * Of the Ninth Circuit, sitting by de......
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State ex rel. Huskey v. Hatler
...the sentencing court does not render the remedy under the statute inadequate or ineffective so as to permit habeas corpus, Adam v. Hagan, 325 F.2d 719 (5th Cir. 1963); that mere distance between the place of detention of a convicted defendant and the forum of the remedy asserted by the moti......