Pearson v. United States

Fifth Circuit Court of Appeals

Decided Nov. 10, 1977.

Rehearing Denied Dec. 15, 1977.

Fifth Circuit Court of Appeals · decided 1977-11-10

Cited by 1 later decisions — most recently November 1977

1 federal appellate ·

2 counsel of record

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

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · United States v. King · Blackwell v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1977-11-10

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¶1Summary Calendar.*

¶2Mose Franklin Pearson, pro se.

¶3J. R. Brooks, U. S. Atty., James C. Thom-ason, III, Asst. U. S. Atty., Birmingham, Ala., for respondent-appellee.

¶4Before AINSWORTH, MORGAN and GEE, Circuit Judges.

¶6PER CURIAM:

¶7The precise questions raised by Pearson on this appeal from denial of 28 U.S.C. § 2255 relief regarding the constitutionality of the searches of his mail have been already litigated and determined adversely to his contentions on his direct appeal. 517 F.2d 350 (1975). We reject petitioner’s attempt to impose upon us such a “purposeless duplication of the review process.” See Blackwell v. United States, 429 F.2d 514, 516 (5th Cir. 1970).

¶8AFFIRMED.