DAVID L. PITT, APPELLANT,
v.
UNITED STATES OF AMERICA ET AL., DEPARTMENT OF CORRECTIONS, D. C. REFORMATORY, APPELLEES

4th Cir. | 1960-11-17
No. 8210
284 F.2d 343 United States Court of Appeals for the Fourth Circuit (1960)

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Holding

The court held that the district court correctly denied the habeas corpus petition because the proper venue for relief is the sentencing court, absent a showing of inadequacy.


Facts & Procedural History

Appellant sought a writ of habeas corpus in the Eastern District of Virginia. He was sentenced by the District of Columbia court for carrying a danger…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

David L. Pitt brings this appeal from the order of the United States District Court for the Eastern District of Virginia denying his petition for a writ of habeas corpus.

Pitt is presently confined in the Federal Penitentiary at Lorton, Virginia, to which institution he was committed for a term of from two to six years by the United States District Court for the District of Columbia for the crime of carrying a dangerous weapon.

It is plain that if the petitioner is entitled to relief, the court to which he should apply is the court which sentenced him, namely, the United States District Court for the District of Columbia. Title 28 U.S.C.A. § 2255.

Although he has apparently made some motions in the District of Columbia, there is nothing before us to show what issues he raised there. No showing is made by his petition or the record before us that the remedy provided by the statute in the District of Columbia courts is inadequate, and in the absence of such a showing, the United States District Court for ¡De Eastern District of Virginia correctly denied his petition.

Affirmed.


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