JOE SMITH, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
JOE SMITH, PLAINTIFF-APPELLANT,
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
420 F.2d 690
Court of Appeals for the Fifth Circuit (1970)
Positive Treatment
Cited by 4 cases
Topics
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Opinion of the Court
PER CURIAM:
All the contentions made by appellant in this appeal from the denial of his motion brought under Title 28 U.S.C.A. § 2255 1 to set aside sentence have been considered and rejected by this court in his direct appeal. See Smith v. United States, 5 Cir. 1968, 392 F. 2d 169; cert. denied 393 U.S. 941, 89 S.Ct. 308, 21 L. Ed.2d 278. The present appeal is therefore frivolous.2
The appeal is dismissed.
. Although appellant styled his petition “habeas corpus” w.e will treat it as a § 2255 motion.
. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have direeted the clerk to place the case on the .Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F. 2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir. 1969, 417 F. 2d 526, Part I.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buckelew v. United States, 575 F.2d 515 (5th Cir. 1978)
-
Fuentes v. United States, 455 F.2d 910 (5th Cir. 1972)
Authorities Cited
- Murphy v. Houma Well Serv., 409 F.2d 804 (5th Cir. 1969)
- Huth v. S. Pac. Co., 417 F.2d 526 (5th Cir. 1969)
- Howard v. California, 393 U.S. 941 (U.S. 1968)
- George v. California, 393 U.S. 941 (U.S. 1968)
- Smith v. United States, 392 F.2d 169 (5th Cir. 1968)