Legal Opinion
United States v. Kobey
District Court, S.D. California
Decided January 29, 1953No. Cr. No. 21815PublishedCited by 3 opinions
1Opinion of the Court
MATHES, District Judge.
Defendants have again presented their motion “for order vacating * * * judgments of conviction” etc. pursuant to 28 U.S.C. § 2255. In response to this motion the Government has moved “for an order directing that no hearing is necessary,” contending the record affirmatively discloses that defendants are not entitled to any relief provided by § 2255.
These motions were heretofore made while defendants were in custody of the State of California serving state-court sentences.
At that time, in view of the plain language of 28 U.S.C. § 2255 limiting the privilege of motions…
2Cases cited13 opinions
- Berman v. United StatesSupreme Court of the United States · 1937
- United States v. SmithSupreme Court of the United States · 1947
- Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Zamloch v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- Casebeer v. HudspethCourt of Appeals for the Tenth Circuit · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Paul Williams v. United StatesCourt of Appeals for the Ninth Circuit · 1981
- United States v. HarrisDistrict Court, S.D. California · 1957
- Womack v. United StatesDistrict Court, District of Columbia · 1968