MCCABE

v.

ARKANSAS

Citator

Cited By

• Beufve v. United States, 374 F.2d 123 (5th Cir. 1967)
  …complains of the failure of the court to credit, upon the sentence imposed, the time served under the illegal sentence. It seems that the court was not required to allow the credit. Meyers v. Hunter, Warden, 10th Cir. 1947, 160 F. 2d 344, cert. den. 331 U.S. 852, 67 S.Ct. 1730, 91 L.Ed. 1860, reh. den. 332 U.S. 785, 68 S.Ct. 32, 92 L.Ed. 368. However we need not and do not decide the question. The credit has been given, administratively, by the Department of Justice, and the issue is therefore moot. It is…
• United States v. Kress, 944 F.2d 155 (3d Cir. 1991)
  …eas corpus setting, “an abusive use of the writ may be prevented and a prior refusal to discharge on a like application may be made the authority for a refusal on subsequent ones.” Wells v. United States, 158 F. 2d 833, 834 (5th Cir.), cert. denied, 331 U.S. 852, 67 S.Ct. 1728, 91 L.Ed. 1860 (1947). As noted by this court in United States v. Leiby, 820 F. 2d 70 (3d Cir.1987), in the context of section 2255, allowing petitioners the right to bring successive motions on the same grounds “would effectively g…
• Tinin v. United States, 361 F.2d 829 (10th Cir. 1966)
  …ee Short v. United States, D.C.Cir., 344 F. 2d 550, 553. Cf. Cook v. United States, 1 Cir., 171 F. 2d 567, 570, certiorari denied 336 U.S. 926, 69 S.Ct. 647, 93 L.Ed. 1088. Our decision in Meyers v. Hunter, 10 Cir., 160 F. 2d 344, certiorari denied 331 U.S. 852, 67 S.Ct. 1730, 91 L.Ed. 1860, is not to the contrary. That was a habeas corpus case in which the court held that habeas relief could not be substituted for a direct attack on an erroneous judgment [*830] in a criminal case. Here we have a direct at…