JAMES BLAINE GILLESPIE, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
JAMES BLAINE GILLESPIE, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
376 F.2d 414
United States Court of Appeals for the Sixth Circuit (1967)
Caution
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
Appellant, having long since served a 1936 sentence for Dyer Act violation (18 U.S.C. § 2312), filed a motion to vacate same under 28 U.S.C. § 2255 or coram nobis.
Appellant is no longer confined as a result of the sentence he attacks, nor was it used as a predicate for his current habitual criminal sentence under which he is confined in a New York State prison. Any benefit to him from success in this-motion is most speculative.
Like the District Judge, we see no “circumstances compelling such action to achieve justice.” United States v. Morgan, 346 U.S. 502, 511, 74 S.Ct. 247, 252, 98 L.Ed. 248 (1954).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Theriault v. State OF Miss., 390 F.2d 657 (5th Cir. 1968)
Authorities Cited
- United States v. Morgan, 346 U.S. 502 (U.S. 1954)
- Gillespie v. United States, 363 F.2d 432 (5th Cir. 1966)