RUBEN DARIO SANCHEZ, APPELLANT,
v.
J. C. TAYLOR, WARDEN, U. S. PENITENTIARY, LEAVENWORTH, KANSAS, APPELLEE
PER CURIAM.
Sanchez, a federal prisoner confined at Leavenworth, Kansas, under multiple, unexpired sentences imposed in the District of Puerto Rico for various narcotic offenses, petitioned in the District, of Kansas for habeas corpus and the writ was denied on the ground that the remedy under 28 U.S.C. § 2255 was ex-r elusive. We agree. The § 2255 remedy is exclusive unless it is inadequate or ineffective. The only showing is that a motion under § 2255 in the sentencing court was unsuccessful. That is not enough. Barrett v. United States, 10 Cir., 285 F. 2d 758, 759; Williams v. United States, 10 Cir., 283 F. 2d 59, 60. The denial of a motion made under § 2255 does not, of itself, establish that the remedy provided by that section is either ineffective or inadequate.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Oughton v. United States (John C. Taylor, 310 F.2d 803 (10th Cir. 1962)
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Cleveland Roy Williams v. United States, 323 F.2d 672 (10th Cir. 1963)
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Barkan v. The United States, 341 F.2d 95 (10th Cir. 1965)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cleveland Roy Williams v. United States, 283 F.2d 59 (10th Cir. 1960)
- Barrett v. United States, 285 F.2d 758 (10th Cir. 1960)