John Burden v. United States

Fifth Circuit

John Burden v. United States

253 F.2d 951, 1958 U.S. App. LEXIS 3964

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 17, 1958

Docket17038_1

StatusPublished

This text of 253 F.2d 951 (John Burden v. United States) 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

John Burden v. United States, 253 F.2d 951, 1958 U.S. App. LEXIS 3964 (5th Cir. 1958).

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Opinion

PER CURIAM.

Judgments denying successive motions under Section 2255, Title 28 U.S.C.A., to set aside the judgment and sentence of the district court, having been affirmed in Burden v. United States, 5 Cir., 208 F.2d 799 and Burden v. United States, 5 Cir., 218 F.2d 822, respectively, appellant filed a third motion, setting up substantially the same grounds put forward in the first two motions.

Though the sentencing court was not required under Section 2255 “to entertain a second or successive motion for similar relief on behalf of the same prisoner”, he nevertheless did so, and this appeal is from his order denying this motion also as without merit.

Since nothing is made to appear which in any way requires a change of our former rulings, the judgment appealed from is affirmed.

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PER CURIAM.

Judgments denying successive motions under Section 2255, Title 28 U.S.C.A., to set aside the judgment and sentence of the district court, having been affirmed in Burden v. United States, 5 Cir., 208 F.2d 799 and Burden v. United States, 5 Cir., 218 F.2d 822, respectively, appellant filed a third motion, setting up substantially the same grounds put forward in the first two motions.

Though the sentencing court was not required under Section 2255 “to entertain a second or successive motion for similar relief on behalf of the same prisoner”, he nevertheless did so, and this appeal is from his order denying this motion also as without merit.

Since nothing is made to appear which in any way requires a change of our former rulings, the judgment appealed from is affirmed.

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Bluebook (online)

253 F.2d 951, 1958 U.S. App. LEXIS 3964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-burden-v-united-states-ca5-1958.

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