U.S. Court of Appeals for the Third Circuit, 1958

Joseph Edward Fungone v. United States of America and J. C. Taylor, Warden, United States Penitentiary, Lewisburg, Pennsylvania

U.S. Court of Appeals for the Third Circuit · Decided March 17, 1958 · Biggs, Kalodner, Per Curiam, Wright

253 F.2d 194; 1958 U.S. App. LEXIS 3842 (Federal Reporter, Second Series)

Counsel

Joseph Edward Fungone, for appellant., Robert J. Hourigan, Edwin M. Kosik, Scranton, Pa., for appellees.

Cases that cite this one

1 later published case cites this decision.

Albert Francis Frazier v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, Pennsylvania (3d Cir. 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

It is clear that the validity and correctness of a sentence may not be attacked by way of a habeas corpus without the petitioner having previously made application to the sentencing court for review pursuant to Section 2255, Title 28 United States Code. See United States v. Hayman, 1952, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232; United States ex rel. Leguillou v. Davis, 3 Cir., 1954, 212 F.2d 681, 683, and United States v. Anselmi, 3 Cir., 1953, 207 F.2d 312. Since it does not appear that such an application has been made to the sentencing court, the judgment of the court below will be affirmed.

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