Burden v. United States

Fifth Circuit Court of Appeals

Decided April 17, 1958.

Fifth Circuit Court of Appeals · decided 1958-04-17

Cited by 1 later decisions — most recently April 1958

1 federal appellate ·

2 counsel of record

Relies on Burden v. United States · Burden v. United States · Kahn v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-04-17

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¶1John Burden, in pro. per.

¶2Norman W. Prendergast, Asst. U. S. Atty., New Orleans, La., for appellee.

¶3Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.

¶4PER CURIAM.

¶5Judgments denying successive motions under Section 2255, Title 28 U.S.C.A., to set aside the judgment and sentence of the district court, having been affirmed in Burden v. United States, 5 Cir., 208 F.2d 799 and Burden v. United States, 5 Cir., 218 F.2d 822, respectively, appellant filed a third motion, setting up substantially the same grounds put forward in the first two motions.

¶6Though the sentencing court was not required under Section 2255 “to entertain a second or successive motion for similar relief on behalf of the same prisoner”, he nevertheless did so, and this appeal is from his order denying this motion also as without merit.

¶7Since nothing is made to appear which in any way requires a change of our former rulings, the judgment appealed from is affirmed.