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

Virgil v. Lampe v. Donald C. Clemmer

Virgil v. Lampe v. Donald C. Clemmer
U.S. Court of Appeals for the Fourth Circuit · Decided January 11, 1958 · Parker, Haynsworth, Stanley
251 F.2d 465 (Federal Reporter, Second Series)

Virgil v. Lampe v. Donald C. Clemmer

Opinion

PER CURIAM.

This is an appeal from the denial of an application for a writ of habeas corpus by a prisoner in the Lorton Reformatory, who had been convicted of second degree murder in the District of Columbia, and whose conviction and sentence had been affirmed on appeal. See Lampe v. United States, 97 U.S.App.D.C. 160, 229 F.2d 43. The District Judge properly held that he was without jurisdiction to entertain the petition as there was no showing that the remedy provided by 28 U.S.C. § 2255 would be inadequate or ineffective to test the legality of petitioner’s detention. Bozell v. Welch, 4 Cir., 203 F.2d 711; Meyers v. Welch, 4 Cir., 179 F.2d 707, 708.

Affirmed.

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