Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia
This text of 314 F.2d 332 (Jorge Colon Montes v. David M. Heritage, Warden, U.S. 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.
Opinion
Appellant being under sentence of the United States District Court for the District of Puerto Rico, a court established by an Act of Congress, Balzac v. People of Puerto Rico, 1922, 258 U.S. 298, 42 S.Ct. 343, 66 L.Ed. 627; his remedy was under Title 28 U.S.C.A. § 2255 and not by way of habeas corpus in the United States District Court for the Northern District of Georgia. All other and further questions presented by the appeal are for the § 2255 court. See Rivera v. Heritage, Warden, 5 Cir., 314 F.2d 332.
Affirmed.
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314 F.2d 332, 1963 U.S. App. LEXIS 6035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jorge-colon-montes-v-david-m-heritage-warden-us-penitentiary-ca5-1963.