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285 F.2d 758

Docket No. 6486.

Barrett v. United States

Tenth Circuit Court of Appeals

Decided Nov. 28, 1960.

Tenth Circuit Court of Appeals · decided 1960-11-28

Cited by 22 later decisions — most recently April 1965

20 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Barnes v. Hunter · Clough v. Hunter · Williams v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1960-11-28

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¶1*759Robert L. Frye, Denver, Colo., for ap- • pellant.

¶2Jerry W. Hannah, Asst. U. S. Atty., Great Bend, Kan. (Wilbur G. Leonard, "U. S. Atty., Topeka, Kan., was with him -on the brief), for appellee.

¶3Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, Dis•-trict Judge.

¶4PER CURIAM.

¶5Appellant was convicted of robbery in ■ Georgia and sentenced to the federal penitentiary. A petition to the sentencing • court for relief under 28 U.S.C. § 2255 was denied and a petition to appeal in forma pauperis was also denied. The trial court denied petitioner’s application for a writ of habeas corpus on the ground that the relief afforded under § 2255 was not shown to be inadequate or ineffective and was, therefore, his exclusive remedy.

¶6While the petitioner here alleges -that his remedy under § 2255 was inadequate and ineffective, the record shows that all the asserted grounds for relief ■are plainly cognizable under § 2255 and the fact that relief was denied in his pevtition to the sentencing court does not entitle him to re-try his case in this habeas corpus proceedings.

¶7Section 2255 is intended to provide the exclusive remedy for testing the validity of a judgment and sentence in the federal courts, unless the remedy afforded under that act is shown to be “inadequate or ineffective,” and the remedy is not inadequate or ineffective simply because the petitioner has unsuccessfully sought relief under it. Clough v. Hunter, 10 Cir., 191 F.2d 516; Cleveland Roy Williams v. United States, 10 Cir., 283 F.2d 59; Barnes v. Hunter, 10 Cir., 188 F.2d 86.

¶8The judgment of the trial court is affirmed.

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