Legal Opinion

Leonard Frank Hogue v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia

Court of Appeals for the Fifth Circuit

Decided February 26, 1960No. 18122Published

1Per curiam

It appears that the appellant has failed to apply for relief by motion under 28 U.S.C.A. § 2255 to the Court which sentenced him, and it does not appear that the remedy by such motion is inadequate or ineffective to test the legality of his detention. His application for habeas corpus collaterally attacking his sentence was therefore properly denied. 28 U.S. C.A. § 2255; Brown v. Looney, 10 Cir., 1957, 249 F.2d 61.

The judgment is affirmed.

Affirmed.

2Cases cited1 opinion

  1. Raymond C. Brown v. C. H. Looney, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1957