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

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)

Counsel

William E. Graham, Jr., Charlotte, N. C., for appellant; Virgil V. Lampe, pro se, on brief., Henry St. J. Fitzgerald, Asst. U. S. Atty., Alexandria, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on brief), for appellees.

Cases that cite this one

4 later published cases cite this decision.

Davis v. United States (District Court, E.D. North Carolina 1966)
D. L. Birchfield v. United States of America, and David M. Heritage, Warden, Etc. (5th Cir. 1961)
Alexander Morris v. United States (4th Cir. 1958)
Mason McCoy v. E. H. Tucker, Warden, West Virginia State Penitentiary (4th Cir. 1958)

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.

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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