Cachoian v. Blackwell
| Citation | 390 F.2d 654 |
| Decision Date | 15 March 1968 |
| Docket Number | No. 25124.,25124. |
| Parties | Gerard CACHOIAN, Appellant, v. Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Gerard Cachoian, pro se.
Theodore E. Smith, Asst. U. S. Atty., Atlanta, Ga., for appellee.
Before WISDOM, BELL and DYER, Circuit Judges.
Appellant, a federal prisoner presently confined in the federal penitentiary at Atlanta, Georgia, has attempted to use the vehicle of habeas corpus to attack a federal conviction imposed by the United States District Court for the Southern District of New York for the offense of possession of heroin in violation of 21 U.S.C.A. §§ 173 and 174. His conviction was affirmed on appeal. United States v. Cachoian, 2 Cir., 1966, 364 F.2d 291.
His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. § 2255 filed in the sentencing court. Waugaman v. United States, 5 Cir., 1964, 331 F.2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F.2d 120.
The judgment of the District Court which denied the petition for writ of habeas corpus is due to be and it is affirmed on this ground.
Affirmed.
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Walker v. United States, 28882 Summary Calendar.
...412 F.2d 911; Wood v. Blackwell, 5 Cir. 1968, 402 F.2d 62, cert. denied, 393 U.S. 1060, 89 S.Ct. 703, 21 L.Ed.2d 702; Cachoian v. Blackwell, 5 Cir. 1968, 390 F.2d 654, cert. denied, 392 U.S. 946, 88 S.Ct. 2318, 20 L.Ed.2d 1408; Waugaman v. United States, 5 Cir. 1964, 331 F.2d 189; Birchfiel......
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Davis v. Attorney General, 29170. Summary Calendar.
...His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. § 2255 filed in the sentencing court. Cachoian v. Blackwell, 5 Cir., 1968, 390 F.2d 654; Waugaman v. United States, 5 Cir., 1964, 331 F.2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F.2d In connection with the......
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Accardi v. Blackwell
...an adjudication of the merits, was therefore correct." The Birchfield decision was recently reaffirmed by this Court in Cachoian v. Blackwell, 5 Cir.1968, 390 F.2d 654, cert. den., 392 U.S. 946, 88 S.Ct. 2318, 20 L.Ed.2d 1408, a case which is factually identical to the case sub "Appellant, ......