MARK LEE OVERMAN, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
PER CURIAM.
The appeal is from the dismissal of a petition for habeas corpus. Petitioner is confined in Leavenworth penitentiary under a life sentence imposed in the Western District of Tennessee, Sixth Circuit, for a violation of 18 U.S.C. § 1201. Previously, while an inmate of Atlanta penitentiary, petitioner sought habeas corpus relief which was denied on the ground that his remedy was under 28 U.S.C. § 2255. Overman v. Wilkinson, 5 Cir., 256 F. 2d 58, certiorari denied 358 U.S. 887, 79 S.Ct. 129, 3 L.Ed.2d 115. Later the sentencing court denied § 2255 relief and its action was affirmed in a comprehensive opinion setting forth the pertinent factual data. See Overman v. United States, 6 Cir., 281 F. 2d 497, certiorari denied 368 U.S. 993, 82 S.Ct. 612, 7 L.Ed.2d 530.
The trial court denied relief because the § 2255 remedy is exclusive and because petitioner failed to show that the § 2255 remedy was inadequate or ineffective to test the legality of the sentence. Failure to obtain relief under § 2255 does not establish that the remedy so provided is either inadequate or ineffective. Moore v. Taylor, 10 Cir., 289 F. 2d 450; Barrett v. United States, 10 Cir., 285 F. 2d 758, 759; and Williams v. United States, 10 Cir., 283 F. 2d 59, 60.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cleveland Roy Williams v. United States, 323 F.2d 672 (10th Cir. 1963)
-
Barkan v. The United States, 341 F.2d 95 (10th Cir. 1965)
-
FOX v. Taylor, 344 F.2d 753 (10th Cir. 1965)
Authorities 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)
- Lane v. Maryland, 368 U.S. 993 (U.S. 1962)
- Stewart v. Ellis, 368 U.S. 993 (U.S. 1962)
- Adkins v. New York, 358 U.S. 887 (U.S. 1958)
- Townsend v. Illinois, 358 U.S. 887 (U.S. 1958)
- Overman v. United States, 281 F.2d 497 (6th Cir. 1960)
- Moore v. Taylor, 289 F.2d 450 (10th Cir. 1961)
- Overman v. Wilkinson, 256 F.2d 58 (5th Cir. 1958)