Oughton v. United States, Misc. No. 382.
| Decision Date | 07 September 1954 |
| Docket Number | Misc. No. 382. |
| Citation | 215 F.2d 578 |
| Parties | Chester L. OUGHTON, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Chester L. Oughton, in propria persona.
William T. Plummer, U. S. Atty., Anchorage, Alaska, for appellee.
Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.
Oughton, having appealed to this court from the district court's order in a 28 U.S.C. § 2255 proceeding denying his motion to set aside his life sentence, seeks our order to proceed forma pauperis with his appeal.
It appears from the records of the district court of which we take judicial notice1 that Oughton plead guilty on the same day to the offense for which he was given a life sentence and two other sentences, upon one of which he received a five-year sentence and upon another of which he received a year and a day. The sentences running concurrently were imposed on December 17, 1952.
From the above it is apparent that if he were successful in his present § 2255 proceeding attacking his life sentence, he would not be released from custody. Nor does his § 2255 motion allege that he is "claiming the right to be released" from custody as required by the following provision of § 2255:
Obviously, the motion must be made by a prisoner "claiming the right to be released". As stated by the Supreme Court the "sole purpose" in enacting this section "was to minimize the difficulties encountered in habeas corpus hearings by affording the same rights in another and more convenient forum." United States v. Hayman, 342 U.S. 205, 219, 72 S.Ct. 263, 272, 96 L.Ed. 232. In habeas corpus the applicant has no right to have adjudicated the validity of a sentence where, if adjudicated in his favor, he would still be confined in the same penitentiary under another existing sentence.
Since the §...
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Matysek v. United States
...Hoffman v. United States, 244 F.2d 378 (9th Cir. 1957); Williams v. United States, 236 F.2d 894 (9th Cir. 1956); Oughton v. United States, 215 F.2d 578 (9th Cir. 1954). Upon oral argument, we requested appellant to support with cases her position that a prisoner at freedom on bail was entit......
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Gilinsky v. United States
...supra, 358 U.S. 415, 420-422, 79 S.Ct. 451, 3 L.Ed.2d 407 (1958); May v. United States, 261 F.2d 629 (9th Cir. 1958); Oughton v. United States, 215 F.2d 578 (9th Cir. 1954). Nevertheless, appellant's allegations are sufficient to permit treatment of his motion as a motion to withdraw a plea......
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Duggins v. United States, 12908.
...if, after a vacation of the sentence, he would still be held in custody under the other sentence. To the same effect is Oughton v. United States, 9 Cir., 215 F.2d 578. Some of the cases above referred to also rely upon such reasoning as one of the grounds for their rulings. Crow v. United S......
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Heflin v. United States
...5 Cir., 203 F.2d 247; Duggins v. United States, 6 Cir., 240 F.2d 479; Juelich v. United States, 6 Cir., 257 F.2d 424; Oughton v. United States, 9 Cir., 215 F.2d 578; Williams v. United States, 9 Cir., 236 F.2d 894; Hoffman v. United States, 9 Cir., 244 F.2d 378; Toliver v. United States, 9 ......