Leonard Frank Hogue v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia

U.S. Court of Appeals for the Fifth Circuit February 26, 1960

Leonard Frank Hogue v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia, 274 F.2d 940 (5th Cir. 1960)

Rives, Cameron, Wisdom

Opinion

PER CURIAM.

It appears that the appellant has failed to apply for relief by motion under 28 U.S.C.A. § 2255 to the Court which sentenced him, and it does not appear that the remedy by such motion is inadequate or ineffective to test the legality of his detention. His application for habeas corpus collaterally attacking his sentence was therefore properly denied. 28 U.S. C.A. § 2255; Brown v. Looney, 10 Cir., 1957, 249 F.2d 61.

The judgment is affirmed.

Affirmed.

Reference

Full Case Name: Leonard Frank HOGUE, Appellant, v. F. T. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellee
Status: Published