Legal Opinion

Sam Lane, Jr. v. Jack A. Hanberry, Warden, U. S. Penitentiary

Court of Appeals for the Fifth Circuit

Decided August 29, 1979No. 79-1048PublishedCited by 8 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Sam Lane, Jr., a federal prisoner in the United States Penitentiary in Atlanta, appeals from the denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2241 in the United States District Court for the Northern District of Georgia. He contends that there was a variance between the crime alleged in his indictment and the crime charged to the jury and that this variance was in violation of his constitutional right to due process under the Fifth Amendment. The district court treated appellant’s petition as a motion to vacate sen-fence under 28 U.S.C. § 2255…

2Cases cited6 opinions

  1. Sanders v. United StatesSupreme Court of the United States · 1963
  2. United States v. HaymanSupreme Court of the United States · 1952
  3. D. L. Birchfield v. United States of America, and David M. Heritage, Warden, Etc.Court of Appeals for the Fifth Circuit · 1961
  4. Accardi v. BlackwellCourt of Appeals for the Fifth Circuit · 1969
  5. Charles F. Waugaman v. United StatesCourt of Appeals for the Fifth Circuit · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. Edison JordanCourt of Appeals for the Eleventh Circuit · 1990
  2. Warren v. MilesCourt of Appeals for the Fifth Circuit · 2000
  3. Manuel Nick Solsona, Jr. v. Warden, F.C.I.Court of Appeals for the Fifth Circuit · 1987
  4. Alvin Broussard v. R. J. Lippman, Warden, Federal Correctional InstituteCourt of Appeals for the Federal Circuit · 1981
  5. Bryant v. United StatesDistrict Court, N.D. California · 2020

3 more not listed; retrieve them via the Exa API.

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