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251 F.2d 465

Docket No. 7544.

Virgil v. Lampe v. Donald C. Clemmer

Fourth Circuit Court of Appeals

Argued January 6, 1958.

Decided January 11, 1958.

Fourth Circuit Court of Appeals · decided 1958-01-11

Cited by 11 later decisions — most recently August 1966

10 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

““ * * * The District Judge properly held that he was without jurisdiction to entertain the petition as there was no showing that the remedy provided by 28 U.S.C. § 2255 would be inadequate or ineffective to test the legality of petitioner’s detention. Bozell v. Welch, 4 Cir., 203 F.2d 711 ; Meyers v. Welch, 4 Cir., 179 F.2d 707 , 708.””

quoted by 1 later decision, including Morris v. United States

Relies on Meyers v. Welch · Lampe v. United States · Bozell v. Welch

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1958-01-11

View the full empirical analysis of this case →

William E. Graham, Jr., Charlotte, N. C., for appellant; Virgil V. Lampe, pro se, on brief.

Henry St. J. Fitzgerald, Asst. U. S. Atty., Alexandria, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on brief), for appellees.

Before PARKER, Chief Judge, HAYNSWORTH, Circuit Judge, and STANLEY, District Judge.

PER CURIAM.

¶1

This is an appeal from the denial of an application for a writ of habeas corpus by a prisoner in the Lorton Reformatory, who had been convicted of second degree murder in the District of Columbia, and whose conviction and sentence had been affirmed on appeal. See Lampe v. United States, 97 U.S.App.D.C. 160, 229 F.2d 43. The District Judge properly held that he was without jurisdiction to entertain the petition as there was no showing that the remedy provided by 28 U.S.C. § 2255 would be inadequate or ineffective to test the legality of petitioner's detention. Bozell v. Welch, 4 Cir., 203 F.2d 711; Meyers v. Welch, 4 Cir., 179 F.2d 707, 708.

¶2

Affirmed.

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