Sobell v. Attorney General

I believe the District Court did not have jurisdiction over either of plaintiff’s claims.

In my view plaintiff may not seek declaratory judgment in this court because relief is available to him under 28 U.S.C. § 2255. Relief available to federal prisoners under § 2255 parallels the scope of relief available to state prisoners on federal habeas corpus.1 It is therefore well within the limits of § 2255 to assert collateral claims by which a prisoner’s sentence would be reduced and his *991earlier release obtained. The reported cases show that § 2255 has been invoked on claims for post-sentence…