Legal Opinion

Archie Frank Ragavage v. United States

Court of Appeals for the Fifth Circuit

Decided January 22, 1960No. 17806_1PublishedCited by 12 opinions

1Per curiam

This is an appeal from a denial after a hearing of a motion to vacate, 28 U.S.C.A. § 2255, a conviction for kidnapping, 18 U.S.C.A. § 1201, in which a plea of guilty was entered. In connection with the claim that the circumstances of his detention violated the Mc-Nabb principle (McNabb v. United States, 1943, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819), we think there is adequate support for the District Court’s finding implicit in the denial of the Section 2255 motion that the detention was state and not federal detention. See Papworth v. United States, 5 Cir., 1958, 256 F.2d 125; Brown v.…

2Cases cited5 opinions

  1. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  2. McNabb v. United StatesSupreme Court of the United States · 1943
  3. Frisbie v. CollinsSupreme Court of the United States · 1952
  4. James E. Papworth v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  5. Raymond Carl Brown and Leonard Frank Hogue v. United StatesCourt of Appeals for the Fifth Circuit · 1956

3Cited by12 opinions

  1. Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  2. Manuel Lee Matysek v. United StatesCourt of Appeals for the Ninth Circuit · 1965
  3. Robert H. Runge v. United States of America, Robert H. Runge v. United StatesCourt of Appeals for the Tenth Circuit · 1970
  4. Tremarco v. United StatesDistrict Court, D. New Jersey · 1976
  5. Johnny Young, Alias Johnnie Clyde Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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