Rafael Rivera Rivera v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia

Fifth Circuit

Rafael Rivera Rivera v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia

314 F.2d 332

Court of Appeals for the Fifth Circuit·Decided March 22, 1963·No. 20068·Published·Cited by 5 cases

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.

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.

Affirmed.

Rafael Rivera Rivera v. David M. Heritage, Warden, U.S. Penitentiary, Atlanta, Georgia, 314 F.2d 332 (5th Cir. 1963).

Pincite

314 F.2d 332 (Rafael Rivera Rivera 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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