Legal Opinion
United States v. Darrell James Brown
Court of Appeals for the Ninth Circuit
Decided August 15, 1969No. 23156PublishedCited by 28 opinions
1Opinion of the Court
BARNES, Circuit Judge:
Appellant in propria persona takes this appeal from a district court decision denying relief in a collateral proceeding, designated as a “Motion to Vacate Sentence or for a Writ of Coram Nobis.” Appellant has mislabeled his petition. He is not entitled to relief under Federal Rule of Criminal Procedure 35 because his sentence is not itself illegal. Hill v. United States, 368 U.S. 424, 430, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962). Coram Nobis is not available, since he is still in custody. Cf. Fed.R.Civ.P. 60(b). Hence, we treat the petition filed below as a motion under 28…
2Cases cited7 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Hill v. United StatesSupreme Court of the United States · 1962
- Halliday v. United StatesSupreme Court of the United States · 1969
- Raymond John Wagner, Anthony Joseph Cambiano and Donald Vandergrift v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Raymond G. Alexander v. United StatesCourt of Appeals for the Fifth Circuit · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Alejandro Matus-Leva v. United StatesCourt of Appeals for the Ninth Circuit · 2002
- United States v. Horace Henry MathewsCourt of Appeals for the Ninth Circuit · 1987
- United States v. Robert Dibernardo and Theodore RothsteinCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Frank Santora, Jr.Court of Appeals for the Fifth Circuit · 1983
- United States v. Conrad Lee JohnsonCourt of Appeals for the Sixth Circuit · 2001
23 more not listed; retrieve them via the Exa API.