Legal Opinion

United States v. Jean Paul Gabor

Court of Appeals for the Fifth Circuit

Decided July 5, 1990No. 89-5642PublishedCited by 119 opinions

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

  1. Frank Soyka v. Noah L. Alldredge, Warden of the United States Northeast PenitentiaryCourt of Appeals for the Third Circuit · 1973
  2. United States v. Andrew Kennedy BrownCourt of Appeals for the Fifth Circuit · 1985
  3. Lewis P. Blau v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  4. McClure v. HopperCourt of Appeals for the Fifth Circuit · 1978
  5. United States v. Hugo Eduardo Briones-Garza A/K/A Juan Ramirez-RamirezCourt of Appeals for the Fifth Circuit · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by119 opinions

  1. Phillip B. Moscato 08126-050 v. Federal Bureau of Prisons L.S.C.I. Allenwood, Phillip B. MoscatoCourt of Appeals for the Third Circuit · 1996
  2. Rourke v. ThompsonCourt of Appeals for the Fifth Circuit · 1993
  3. United States v. Jose CletoCourt of Appeals for the Fifth Circuit · 1992
  4. United States v. Walter WeathersbyCourt of Appeals for the Fifth Circuit · 1992
  5. Hunter v. TamezCourt of Appeals for the Fifth Circuit · 2010

114 more not listed; retrieve them via the Exa API.

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