Curran v. Shuttleworth, Warden

ALLEN, Circuit Judge.

Appellant was convicted of violation of § 2554(a), 26 U.S.C. [26 U.S.C.A. § 2554 (a)] and was sentenced by the District Court of the Southern District of New York to serve four years in the penitentiary. He filed a petition for writ of habeas corpus in the District Court of the Eastern District of Michigan, which was refused under the provisions of § 2255, 28 U.S.C. [28 U.S.C.A. § 2255], for the reason that the applicant had failed to ask for relief by motion to the court which sentenced him.

Appellant claims that no warrant for his arrest was secured, as required by the…