Legal Opinion

Albert Andrews v. John T. Willingham, Warden, United States Penitentiary, Lewisburg, Pa

Court of Appeals for the Third Circuit

Decided March 29, 1961No. 13414_1PublishedCited by 1 opinion

1Per curiam

This is an attempt of a prisoner serving a sentence under a conviction of federal crime to attack that judgment collaterally by habeas corpus in the district court for the district where he is confined. The correct remedy in such a case is a proceeding under Section 2255 of Title 28 U.S.C., in the court in which the prisoner was convicted. United States ex rel. Josey v. Humphrey, 3 Cir., 1954, 210 F.2d 826; Arlen v. Hagan, 3 Cir., 1959, 268 F.2d 77.

For this reason the judgment will be affirmed.

2Cases cited2 opinions

  1. United States Ex Rel. Josey v. HumphreyCourt of Appeals for the Third Circuit · 1954
  2. George v. Arlen v. Charles R. Hagan, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1959

3Cited by1 opinion

  1. Albert Francis Frazier v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1963