Legal Opinion
United States v. Brown
Court of Appeals for the Seventh Circuit
Decided October 8, 1953No. 10920_1PublishedCited by 29 opinions
1Opinion of the Court
SWAIM, Circuit Judge.
This appeal is from an order of the District Court denying the defendant’s motion under Title 28 U.S.C. § 2255, to vacate sentence. This is the fifth such motion attacking his sentence which this prisoner has filed. The statute expressly provides that: “The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner.” This provision of the statute clearly leaves the matter of entertaining a second or subsequent motion to the discretion of the trial court. Moss v. United States, 10 Cir., 177 F.2d 438;…
2Cases cited8 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Sorrentino v. United StatesCourt of Appeals for the Ninth Circuit · 1947
- Silverman v. United StatesCourt of Appeals for the First Circuit · 1932
- Corollo v. DuttonCourt of Appeals for the Fifth Circuit · 1933
- Story v. United StatesCourt of Appeals for the Eighth Circuit · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bernardino Chirez Hernandez v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Henry Rodella v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- United States v. Kenneth LandryCourt of Appeals for the Seventh Circuit · 1958
- Frank Anthony Cellino v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- James Boyd Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1955
24 more not listed; retrieve them via the Exa API.