Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia

Fifth Circuit

Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia

314 F.2d 332, 1963 U.S. App. LEXIS 6035

Court of Appeals for the Fifth Circuit·Decided February 27, 1963·No. 20069·Published

Opinion

PER CURIAM.

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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PER CURIAM.

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.

Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia, 314 F.2d 332, 1963 U.S. App. LEXIS 6035 (5th Cir. 1963).

Pincite

314 F.2d 332 (Jorge Colon Montes v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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