JOSEPH EDWARD FUNGONE, APPELLANT,
v.
UNITED STATES OF AMERICA AND J. C. TAYLOR, WARDEN, UNITED STATES PENITENTIARY, LEWISBURG, PENNSYLVANIA, ET AL.
JOSEPH EDWARD FUNGONE, APPELLANT,
UNITED STATES OF AMERICA AND J. C. TAYLOR, WARDEN, UNITED STATES PENITENTIARY, LEWISBURG, PENNSYLVANIA, ET AL.
253 F.2d 194
United States Court of Appeals for the Third Circuit (1958)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
It is clear that the validity and correctness of a sentence may not be attacked by way of a habeas corpus without the petitioner having previously made application to the sentencing court for review pursuant to Section 2255, Title 28 United States Code. See United States v. Hayman, 1952, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232; United States ex rel. Leguillou v. Davis, 3 Cir., 1954, 212 F. 2d 681, 683, and United States v. Anselmi, 3 Cir., 1953, 207 F. 2d 312. Since it does not appear that such an application has been made to the sentencing court, the judgment of the court below will be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Frazier v. Olin G. Blackwell, 325 F.2d 154 (3d Cir. 1963)
Authorities Cited
- United States v. Hayman, 342 U.S. 205 (U.S. 1952)
- United States ex rel. Leguillou v. Davis, 212 F.2d 681 (3d Cir. 1954)
- United States v. Anselmi, 207 F.2d 312 (3d Cir. 1953)