Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia
Cases that cite this one
3 later published cases cite this decision. The 2 that cite it most often are listed here.
- Ernest C. Davis v. Attorney General of the United States (5th Cir. 1970)
- Ulysses Walker v. United States (5th Cir. 1970)
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
Appellant, a federal prisoner presently confined in the federal penitentiary at Atlanta, Georgia, has attempted to use the vehicle of habeas corpus to attack a federal conviction imposed by the United States District Court for the Southern District of New York for the offense of possession of heroin in violation of 21 U.S.C.A. §§ 173 and 174. His conviction was affirmed on appeal. United States v. Cachoian, 2 Cir., 1966, 364 F.2d 291.
His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. § 2255 filed in the sentencing court. Waugaman v. United States, 5 Cir., 1964, 331 F.2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F.2d 120.
The judgment of the District Court which denied the petition for writ of habeas corpus is due to be and it is affirmed on this ground.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.