Joseph Kaufman v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia

This appeal from an order denying a petition for writ of habeas corpus presents the single question, whether the district judge was right in holding that, under the last paragraph of Section 2255, 28 U.S.C.A., 1 the court was without authority to entertain the petition.

Appellant brought a petition for habeas corpus in the district court of the district in which he is confined on the same grounds on which he had previously filed a motion to vacate sentence in the sentencing court, said motion having been denied by that court. No appeal was taken from the denial of such motion.

Appellant now…