James Blaine Gillespie v. United States

Sixth Circuit

James Blaine Gillespie v. United States

376 F.2d 414, 1967 U.S. App. LEXIS 6624

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 25, 1967

Docket17224_1

StatusPublished

Cited by1 cases

This text of 376 F.2d 414 (James Blaine Gillespie 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.

Bluebook

James Blaine Gillespie v. United States, 376 F.2d 414, 1967 U.S. App. LEXIS 6624 (6th Cir. 1967).

Pincite

Opinion

PER CURIAM.

Appellant, having long since served a 1936 sentence for Dyer Act violation (18 U.S.C. § 2312), filed a motion to vacate same under 28 U.S.C. § 2255 or coram nobis.

Appellant is no longer confined as a result of the sentence he attacks, nor was it used as a predicate for his current habitual criminal sentence under which he is confined in a New York State prison. Any benefit to him from success in this-motion is most speculative.

Like the District Judge, we see no “circumstances compelling such action to achieve justice.” United States v. Morgan, 346 U.S. 502, 511, 74 S.Ct. 247, 252, 98 L.Ed. 248 (1954).

Affirmed.

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