Burleson v. United States

JOHN W. OLIVER, District Judge.

This is a Section 2255, Title 28 U.S.C.A. proceeding. 1 Leave to proceed in forma pauperis is granted.

Petitioner’s application for habeas corpus and his invocation of F.R.Crim.P., Rule 35, 18 U.S.C.A., must be laid to one side. The motion procedure provided in Section 2255 must be exhausted before an application for habeas corpus may be entertained. The last paragraph of that section expressly so provides. Nor may Rule 35 be invoked under the majority opinion in Hill v. United States, 368 U.S. 424, 430, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962). See also concurring…