Rivera v. Heritage

Fifth Circuit Court of Appeals

February 27, 1963.

Rehearing Denied March 22, 1963.

Fifth Circuit Court of Appeals · decided 1963-02-27

1 counsel of record

Relies on Balzac v. People of Porto Rico

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1963-02-27

How this case has been cited

Cited by 7 later decisions — most recently October 1984

5 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.

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Charles L. Goodson, U. S. Atty., Allen L. Chancey, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.

PER CURIAM.

¶1

Appellant being under sentence of the United States District Court for the District of Puerto Rico, a court established by an Act of Congress, Balzac v. People of Puerto Rico, 1922, 258 U.S. 298, 42 S.Ct. 343, 66 L.Ed. 627; his remedy was under Title 28 U.S.C.A. § 2255 and not by way of habeas corpus in the United States District Court for the Northern District of Georgia. All other and further questions presented by the appeal are for the § 2255 court.

¶2

Affirmed.