Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Joe SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

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 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.

Although appellant styled his petition "habeas corpus" we 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 directed 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.

The appeal is dismissed.

Use AI to get other relevant cases.

Comments

SMITH v. UNITED STATES
(Jan 21, 1970)