WHITING
v.
UNITED STATES
PER CURIAM.
This case came on to be heard upon the motion of appellant to vacate sentence, the record and briefs and oral argument of counsel;
And it appearing that appellant was found guilty of mailing threatening communications, in violation of 18 U.S.C. § 338a(a), now § 876, and duly sentenced in accordance with the statute;
And it appearing that appellant has previously filed a motion under § 2255, 28 U.S.C., which was denied by the District Court, the denial of the motion being affirmed by this court, Whiting v. United States, 6 Cir., 181 F. 2d 643, certiorari denied, 341 U.S. 905, 71 S.Ct. 607, 95 L.Ed. 1344;
And it appearing that the motion from the denial of which this appeal is prosecuted was likewise filed under § 2255, 28 U.S.C., and is an attempt to reopen the proceedings in the trial court as if on appeal, which under the applicable decisions cannot be done, Davilman v. United States, 6 Cir., 180 F. 2d 284; Hudspeth v. United States, 6 Cir,, 183 F. 2d 68, 69; Taylor v. United States, 4 Cir., 177 F. 2d 194;
It is ordered that the order of the District Court overruling appellant’s motion and petition be, and it hereby is, affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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O'Malley v. United States, 285 F.2d 733 (6th Cir. 1961)
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Hill v. United States, 223 F.2d 699 (6th Cir. 1955)
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United States v. Parker, 292 F.2d 2 (6th Cir. 1961)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. United States, 177 F.2d 194 (4th Cir. 1949)
- Davilman v. United States, 180 F.2d 284 (6th Cir. 1950)
- Hudspeth v. United States, 183 F.2d 68 (6th Cir. 1950)
- Whiting v. United States, 181 F.2d 643 (6th Cir. 1950)
- Korthinos v. Niarchos, 341 U.S. 905 (U.S. 1951)
- Hurley v. Reid, 341 U.S. 905 (U.S. 1951)