Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia

Fifth Circuit

Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia

390 F.2d 654, 1968 U.S. App. LEXIS 7686

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 15, 1968

Docket25124_1

StatusPublished

Cited by3 cases

This text of 390 F.2d 654 (Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia, 390 F.2d 654, 1968 U.S. App. LEXIS 7686 (5th Cir. 1968).

Pincite

Opinion

PER CURIAM:

Appellant, a federal prisoner presently confined in the federal penitentiary at Atlanta, Georgia, has attempted to use the vehicle of habeas corpus to attack a federal conviction imposed by the United States District Court for the Southern District of New York for the offense of possession of heroin in violation of 21 U.S.C.A. §§ 173 and 174. His conviction was affirmed on appeal. United States v. Cachoian, 2 Cir., 1966, 364 F.2d 291.

His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. § 2255 filed in the sentencing court. Waugaman v. United States, 5 Cir., 1964, 331 F.2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F.2d 120.

The judgment of the District Court which denied the petition for writ of habeas corpus is due to be and it is affirmed on this ground.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI