Joseph Edward Fungone v. United States of America and J. C. Taylor, Warden, United States Penitentiary, Lewisburg, Pennsylvania
This text of 253 F.2d 194 (Joseph Edward Fungone v. United States of America and J. C. Taylor, Warden, United States Penitentiary, Lewisburg, Pennsylvania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is clear that the validity and correctness of a sentence may not be attacked by way of a habeas corpus without the petitioner having previously made application to the sentencing court for review pursuant to Section 2255, Title 28 United States Code. See United States v. Hayman, 1952, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232; United States ex rel. Leguillou v. Davis, 3 Cir., 1954, 212 F.2d 681, 683, and United States v. Anselmi, 3 Cir., 1953, 207 F.2d 312. Since it does not appear that such an application has been made to the sentencing court, the judgment of the court below will be affirmed.
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253 F.2d 194, 1958 U.S. App. LEXIS 3842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-edward-fungone-v-united-states-of-america-and-j-c-taylor-warden-ca3-1958.