Mark Lee Overman v. F. T. Wilkinson, Warden, United States Penitentiary
Cases that cite this one
3 later published cases cite this decision.
- Rawls v. United States (District Court, W.D. Missouri 1964)
- Mark Lee Overman v. United States (10th Cir. 1963)
- D. L. Birchfield v. United States of America, and David M. Heritage, Warden, Etc. (5th Cir. 1961)
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
This is an appeal from an order dismissing a petition for habeas corpus on the ground that petitioner’s remedy was by motion under Sec. 2255, 28 U.S.C.A. in the court which had sentenced him.
The record discloses that this is appellant’s second petition for habeas corpus. His first petition was denied with the suggestion that the petitioner’s remedy was by a Section 2255 motion in the sentencing court, and petitioner filed such a motion. This motion denied, he-did not appeal and seems now to be reapplying for habeas corpus relief on the ground that he is entitled to do so since he did not get the relief he asked from the sentencing court. The law is otherwise declared. 1
The judgment dismissing his petition-was right, and it is affirmed.
. Hildebrandt v. Swope, 9 Cir., 229 F.2d 582.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.