GERARD CACHOIAN, APPELLANT,
v.
OLIN G. BLACKWELL, WARDEN, UNITED STATES PENITENTIARY, ATLANTA, GEORGIA, APPELLEE
GERARD CACHOIAN, APPELLANT,
OLIN G. BLACKWELL, WARDEN, UNITED STATES PENITENTIARY, ATLANTA, GEORGIA, APPELLEE
390 F.2d 654
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
Appellant, a federal prisoner presently confined in the federal penitentiary at Atlanta, Georgia, has attempted to use the vehicle of habeas corpus to attack a federal conviction imposed by the United States District Court for the Southern District of New York for the offense of possession of heroin in violation of 21 U.S.C.A. §§ 173 and 174. His conviction was affirmed on appeal. United States v. Cachoian, 2 Cir., 1966, 364 F. 2d 291.
His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. § 2255 filed in the sentencing court. Waugaman v. United States, 5 Cir., 1964, 331 F. 2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F. 2d 120.
The judgment of the District Court which denied the petition for writ of habeas corpus is due to be and it is affirmed on this ground.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. Attorney General of the United States, 425 F.2d 238 (5th Cir. 1970)
-
Ulysses Walker v. United States, 429 F.2d 1301 (5th Cir. 1970)
Authorities Cited
- Birchfield v. United States, 296 F.2d 120 (5th Cir. 1961)
- Waugaman v. United States, 331 F.2d 189 (5th Cir. 1964)
- United States v. Cachoian, 364 F.2d 291 (2d Cir. 1966)