Goss v. United States

Sixth Circuit

Goss v. United States

179 F.2d 706

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 14, 1949

Docket10937_1

StatusPublished

Cited by8 cases

This text of 179 F.2d 706 (Goss v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Goss v. United States, 179 F.2d 706 (6th Cir. 1949).

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Opinion

PER CURIAM.

This is an appeal from an order of the district court overruling a motion to set aside or correct a sentence imposed upon the appellant for bank robbery under Title 28, U.S.C.A. § 2255. The purpose of the petition, as gathered from its terms, appears to be a request for a new trial so that he would be permitted to produce witnesses in support of an alibi. It appears that at the trial he was represented by counsel, had filed the required notice to the government that his defense would be based upon an alibi, but that no such witnesses were produced. Under the familiar rule that neither a petition for writ of habeas corpus nor a motion to correct or set aside sentence will substitute for an appeal, we think the appellant’s petition was correctly denied.

A search of the papers upon our motion discloses that while two sentences were imposed they were made to run concurrently and that the total imprisonment ordered was within the maximum term permitted to be imposed by law.

The judgment of the district court is affirmed.

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PER CURIAM.

This is an appeal from an order of the district court overruling a motion to set aside or correct a sentence imposed upon the appellant for bank robbery under Title 28, U.S.C.A. § 2255. The purpose of the petition, as gathered from its terms, appears to be a request for a new trial so that he would be permitted to produce witnesses in support of an alibi. It appears that at the trial he was represented by counsel, had filed the required notice to the government that his defense would be based upon an alibi, but that no such witnesses were produced. Under the familiar rule that neither a petition for writ of habeas corpus nor a motion to correct or set aside sentence will substitute for an appeal, we think the appellant’s petition was correctly denied.

A search of the papers upon our motion discloses that while two sentences were imposed they were made to run concurrently and that the total imprisonment ordered was within the maximum term permitted to be imposed by law.

The judgment of the district court is affirmed.

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179 F.2d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goss-v-united-states-ca6-1949.

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