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288 F.2d 65

Docket No. 13414.

Andrews v. Willingham

Third Circuit Court of Appeals

Submitted on Briefs March 20, 1961.

Decided March 29, 1961.

Third Circuit Court of Appeals · decided 1961-03-29

Cited by 5 later decisions — most recently May 1974

1 federal appellate · 3 state decisions

2 counsel of record

Relies on United States ex rel. Josey v. Humphrey · Heit v. Sha-Wan-Ga Lodge, Inc. · Silbaugh v. Smith

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1961-03-29

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Albert Andrews, pro se, for appellant.

Daniel H. Jenkins, U. S. Atty., James S. Palermo, Asst. U. S. Atty., Scranton, Pa., for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

PER CURIAM.

¶1

This is an attempt of a prisoner serving a sentence under a conviction of federal crime to attack that judgment collaterally by habeas corpus in the district court for the district where he is confined. The correct remedy in such a case is a proceeding under Section 2255 of Title 28 U.S.C., in the court in which the prisoner was convicted. United States ex rel. Josey v. Humphrey, 3 Cir., 1954, 210 F.2d 826; Arlen v. Hagan, 3 Cir., 1959, 268 F.2d 77.

¶2

For this reason the judgment will be affirmed.

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