Long v. United States

Tenth Circuit Court of Appeals

Dec. 28, 1959.

Tenth Circuit Court of Appeals · decided 1959-12-28

2 counsel of record

Relies on La Buy v. Howes Leather Co. · Hatahley v. United States · Federal Trade Commission v. Simplicity Pattern Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1959-12-28

How this case has been cited

Cited by 42 later decisions (1 by the Supreme Court) — most recently November 1990 · most notably Cascade Natural Gas Corporation v. El Paso Natural Gas Co People of State of California (1967), United States v. International Business Machines Corp. (1980)

39 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Russell E. Ake, U.S. Atty., Cleveland, Ohio, for appellee.

Before McALLISTER, Chief Judge, SIMONS, Circuit Judge, and BROOKS, District Judge.

PER CURIAM.

¶1

The above cause coming on to be heard on an appeal from the order of the District Court denying petitioner's motion for re-argument to vacate sentence pursuant to Title 28 U.S.C.A. 2255, and it appearing that the case has been determined in previous hearings and upon review of this court, the last occasion being June 4, 1957 in Long v. United States, 6 Cir., 245 F.2d 871, on the ground that by the express provisions of Section 2255, the sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner, and the Court being duly advised:

¶2

Now therefore, it is ordered, adjudged and decreed that the order of the District Court overruling appellant's motion be, and is hereby affirmed.