Fitzgerald v. United States

Fifth Circuit Court of Appeals

Decided Oct. 27, 1965.

Fifth Circuit Court of Appeals · decided 1965-10-27

Cited by 3 later decisions — most recently July 1966

3 federal appellate ·

2 counsel of record

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

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1965-10-27

View the full empirical analysis of this case →

¶1Aaron Kravitch, John J. Sullivan, Savannah, Ga., for appellants.

¶2 *90Donald H. Fraser, U. S. Atty., Savannah, Ga., for appellee.

¶3Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from the district court’s denial of appellant’s motion to vacate sentence under 28 U.S.C.A. § 2255. The alleged errors upon which the appeal is based are not of the kind that may be raised by collateral attack. The trial court, therefore, was without jurisdiction to entertain the petition under the federal statute.

¶6The judgment is affirmed.