United States v. Jean Paul Gabor
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Appealing from the denial of a federal habeas corpus petition filed pursuant to 28 U.S.C. § 2255, Jean Gabor asserts that he was entitled to three years credit for time served on probation, including ten months at a half-way house, against the five-year sentence ultimately imposed for revocation of probation. We conclude that the district court lacked jurisdiction under § 2255, for this petition should have been filed, pursuant to 28 U.S.C. § 2241, in the federal district court in Wisconsin where Gabor is incarcerated.
The procedural history of this case is…
2Cases cited6 opinions
- Frank Soyka v. Noah L. Alldredge, Warden of the United States Northeast PenitentiaryCourt of Appeals for the Third Circuit · 1973
- United States v. Andrew Kennedy BrownCourt of Appeals for the Fifth Circuit · 1985
- Lewis P. Blau v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- McClure v. HopperCourt of Appeals for the Fifth Circuit · 1978
- United States v. Hugo Eduardo Briones-Garza A/K/A Juan Ramirez-RamirezCourt of Appeals for the Fifth Circuit · 1982
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3Cited by119 opinions
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- Rourke v. ThompsonCourt of Appeals for the Fifth Circuit · 1993
- United States v. Jose CletoCourt of Appeals for the Fifth Circuit · 1992
- United States v. Walter WeathersbyCourt of Appeals for the Fifth Circuit · 1992
- Hunter v. TamezCourt of Appeals for the Fifth Circuit · 2010
114 more not listed; retrieve them via the Exa API.