Legal Opinion
McGann v. United States
District Court, D. Maryland
Decided December 20, 1961No. Cr. A. Nos. 23017, 23024PublishedCited by 1 opinion
1Opinion of the Court
CHESNUT, District Judge.
McGann, a federal prisoner now serving a twenty year sentence at Alcatraz, has now filed a fifth repetitive petition under 28 U.S.C.A. § 2255, for vacation of the sentence imposed upon him in this court on September 20, 1954.
Section 2255 provides in part: “* * The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner. * * * ” On the authority of this clear provision, this court now declines to consider this fifth repetitive petition based on substantially the same or very similar alleged…
2Cases cited10 opinions
- Abbate v. United StatesSupreme Court of the United States · 1959
- United States v. Dominick Sabella and Charles LacasciaCourt of Appeals for the Second Circuit · 1959
- Riley v. New JerseySupreme Court of the United States · 1959
- Clarence Duke McGann v. United StatesCourt of Appeals for the Fourth Circuit · 1958
- Clarence Duke McGann v. United StatesCourt of Appeals for the Fourth Circuit · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clarence Duke McGann 20205-145 v. U. S. Board of Parole & M. R. Hogan, (Warden)Court of Appeals for the Third Circuit · 1973