U.S. Court of Appeals for the Eighth Circuit, 1952

Duquesne v. Steele

U.S. Court of Appeals for the Eighth Circuit · Decided June 6, 1952 · Sanborn, Woodrough, Riddick

197 F.2d 56; 1952 U.S. App. LEXIS 2577 (Federal Reporter, Second Series)

Counsel

Frederick Joubert Duquesne, pro se., Sam M. Wear, U. S. Atty., and Harry F. Murphy, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Cases that cite this one

2 later published cases cite this decision.

Hugh Donald Yankey v. United States (6th Cir. 1961)
James W. Ballentine v. Medical Officer in Charge, U. S. Public Health Service Hospital, Lexington, Kentucky (6th 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 an order denying a petition for a writ of habeas corpus. The appellant is confined in the United States Medical Center for Federal Prisoners at Springfield, Missouri, under a sentence of imprisonment imposed by the United States District Court for the Eastern District of New York on January 2, 1942. The appellant’s petition for a writ failed to show that he had applied to the court which sentenced him for the vacation of his sentence, under § 2255, Title 28, U.S.C.A. It was upon that ground that his petition was denied by the District Court for the Western District of Missouri. The petition was properly denied, since by the provisions of § 2255 the District Court was without authority to entertain the petition. See Higgins v. Steele, 8 Cir., 195 F.2d 366.

The order appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.