Frederick Marion Fox v. United States

BREITENSTEIN, Circuit Judge.

In this proceeding under 28 U.S.C. § 2255 petitioner asserts that he is entitled to release because the term which he is serving was imposed by a sentence entered after the revocation of an illegal probation order. He previously raised the same point in an application for habeas corpus relief and we held that the § 2255 remedy was exclusive. See Fox v. Taylor, 10 Cir., 344 F.2d 753. He then invoked that remedy and the trial court denied relief in a decision which set forth the patient efforts of the judge to rehabilitate the petitioner and the petitioner's repeated…