HERBERT

v.

LAVALLEE, WARDEN

Citator

Cited By

• United States v. Hyman Schmidt, 760 F.2d 828 (7th Cir. 1985)
  …. 33. We note that there was no impediment to the district court’s jurisdiction to consider the motion, as the motion could properly be considered under 28 U.S.C. § 2255. See, e.g., United States v. Brown, 413 F. 2d 878 (9th Cir.1969), cert. denied, 397 U.S. 947, 90 S.Ct. 965, 25 L.Ed.2d 127 (1970). . The district court expressly adopted the following findings of the magistrate: 1. That the FBI Agent’s testimony that he gave Grulke no promise of immunity was corroborated; [*836] 2. That no reasonable basi…
• United States v. Santora, 711 F.2d 41 (5th Cir. 1983)
  …se filings, we therefore elect to construe Santora’s ill-styled Rule 35 pleading as a request for relief under § 2255. In so doing we join our colleagues in several other circuits. United States v. Brown, 413 F. 2d 878 (9th Cir.1969), cert, denied, 397 U.S. 947, 90 S.Ct. 965, 25 L.Ed.2d 127 (1970) (motion under Rule 35 or for coram nobis treated as § 2255 motion); Jones v. United States, 400 F. 2d 892 (8th Cir.1968), cert, denied, 394 U.S. 991, 89 S.Ct. 1480, 22 L.Ed.2d 766 (1969) (motion for correction of…
• United States v. Davis, 560 F.2d 144 (3d Cir. 1977)
  …rt the fourth count and that, therefore, the fourth count will be quashed for purposes of sentence. . See, e. g., United States v. Thomas, supra; United States v. Beverley, supra; United States v. Brown, 413 F. 2d 878 (9th Cir. 1969), cert. denied, 397 U.S. 947, 90 S.Ct. 965, 25 L.Ed.2d 127 (1970); United States v. Hardaway, 350 F. 2d 1021 (6th Cir. 1965); Smith v. United States, supra; Martin v. United States, 241 F. 2d 693 (10th Cir. 1957). . In appropriate circumstances the trial judge may, however, su…