Legal Opinion

Application of Carmine Galante

Court of Appeals for the Third Circuit

Decided January 14, 1971No. 18967PublishedCited by 58 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The appellant, a prisoner in the United States Penitentiary at Lewisburg, Pennsylvania, filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania, * challenging judgments of conviction and sentence entered by the United States District Court for the Southern District of New York.

The petition was denied and dismissed for lack of jurisdiction in light of the circumstance that Galante had not applied to the sentencing court for relief pursuant to the provisions of Section 2255 of Title 28 of the United States Code.

3Cases cited5 opinions

  1. United States Ex Rel. Leguillou v. DavisCourt of Appeals for the Third Circuit · 1954
  2. Gerald M. Crismond, Jr. v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1964
  3. Carl Eugene Mucherino v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1965
  4. Albert Francis Frazier v. Olin G. Blackwell, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1963
  5. Ralph L. Sims v. John T. Willingham, Warden, United States Penitentiary, Lewisburg, PennsylvaniaCourt of Appeals for the Third Circuit · 1962

4Cited by58 opinions

  1. In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997
  2. Mario Lenardo Cradle v. United States of America, Ex Rel. John Miner, Warden, Allenwood Federal Prison CampCourt of Appeals for the Third Circuit · 2002
  3. Wiley v. United States Board of ParoleDistrict Court, M.D. Pennsylvania · 1974
  4. Brown v. MendezDistrict Court, M.D. Pennsylvania · 2001
  5. People Ex Rel. Wyse v. DISTRICT COURT, TWENTIETH JDSupreme Court of Colorado · 1972

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