Charles R. Davis v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas

This is an appeal from an order of the District Court summarily denying Appellant Davis’ petition for a writ of habeas corpus seeking administrative credit for presentence custody, which he contends would result in his immediate release.

The trial court’s summary disposition is based upon the proposition that, inasmuch as the relief sought involves the clarification and correction of the judgment of the sentencing court, Section 2255, U.S.C. Title 28 is the exclusive remedy. Ordinarily, we would agree with the trial court. See Brown v. Taylor, 10 Cir., 283 F.2d 670. But where, as here, the…