Albert Andrews v. John T. Willingham, Warden, United States Penitentiary, Lewisburg, Pa

288 F.2d 65, 1961 U.S. App. LEXIS 4971

Opinion

PER CURIAM.

This is an attempt of a prisoner serving a sentence under a conviction of federal crime to attack that judgment collaterally by habeas corpus in the district court for the district where he is confined. The correct remedy in such a case is a proceeding under Section 2255 of Title 28 U.S.C., in the court in which the prisoner was convicted. United States ex rel. Josey v. Humphrey, 3 Cir., 1954, 210 F.2d 826; Arlen v. Hagan, 3 Cir., 1959, 268 F.2d 77.

For this reason the judgment will be affirmed.