Legal Opinion
Michele Marchese v. United States of America, and Preston Smith, Warden of U.S. Correctionalinstitution at Terminal Island, California
Court of Appeals for the Ninth Circuit
Decided July 12, 1962No. 17480PublishedCited by 6 opinions
1Opinion of the Court
DAVIS, District Judge.
This is an appeal from an order of the United States District Court, Southern District of California, denying appellant’s petition for a writ of habeas corpus. The appeal is made pursuant to 28 U.S.C.A. § 2253.
Appellant was convicted of narcotics violations and sentenced to imprisonment, and is confined within the jurisdiction of the same court. Hence that court is the proper forum for either a motion under 28 U.S.C.A. § 2255, or for a petition for writ of habeas corpus.
After appealing his conviction to this Court, and being denied certiorari by the Supreme Court of the…
2Cases cited9 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- United States v. HaymanSupreme Court of the United States · 1952
- Frank v. MangumSupreme Court of the United States · 1915
- Walker v. JohnstonSupreme Court of the United States · 1941
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. MarcheseCourt of Appeals for the Ninth Circuit · 1965
- Alan Lee Brown v. Warden, U. S. Penitentiary, and United States of America, Alan Lee Brown v. United StatesCourt of Appeals for the Seventh Circuit · 1965
- Gerald M. Crismond, Jr. v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1964
- Michele Marchese v. United States of America, Jesse Del Bono v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- Michele Marchese v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1969
1 more not listed; retrieve them via the Exa API.