Robinson v. Swope

DENMAN, Chief Judge.

Robinson appeals from a denial by the district court of his application for a writ of habeas corpus. The ground of the denial is that Robinson has failed to apply for relief under 28 U.S.C. § 2255 by motion to the court which sentenced him, it further appearing that the remedy by that motion is neither inadequate nor ineffective , to test the legality of his detention.

Robinson contends that he is entitled to have his habeas corpus application entertained because § 2255 provides a remedy only where the facts showing an unlawful detention are dehors the record while here…