Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia

U.S. Court of Appeals for the Fifth Circuit February 27, 1963

Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia, 314 F.2d 332 (5th Cir. 1963)

1963 U.S. App. LEXIS 6035

Opinion

PER CURIAM.

Appellant being under sentence of the United States District Court for the District of Puerto Rico, a court established by an Act of Congress, Balzac v. People of Puerto Rico, 1922, 258 U.S. 298, 42 S.Ct. 343, 66 L.Ed. 627; his remedy was under Title 28 U.S.C.A. § 2255 and not by way of habeas corpus in the United States District Court for the Northern District of Georgia. All other and further questions presented by the appeal are for the § 2255 court. See Rivera v. Heritage, Warden, 5 Cir., 314 F.2d 332.

Affirmed.

Reference

Full Case Name: Jorge Colon MONTES, Appellant, v. David M. HERITAGE, Warden, U. S. Penitentiary, Atlanta, Georgia, Appellee
Status: Published