Wright v. Looney, Warden

212 F.2d 186

• Court: Court of Appeals for the Tenth Circuit
• Decided: May 13, 1954
• Docket: 4771
• Status: Published

Opinions

MURRAH, Circuit Judge.

This is an appeal from a judgment of' the trial court denying the appellant’s-petition for a writ of habeas corpus on the grounds that the petition presented' no question cognizable in a habeas corpus proceeding.

The petitioner is now serving a sentence under a judgment of the district court for the Eastern District of Illinois-for the unlawful possession and transportation of firearms in interstate commerce, in violation of Title 15 U.S.C.A. § 902(e). He has heretofore attacked, the validity of that judgment in a proceeding under Title 28 U.S.C.A. § 2255-in which he challenged the constitutionality of the statute under which he was tried and sentenced, and that remedy is-exclusive. Holloway v. Looney, 10 Cir., 207 F.2d 433; Clough v. Hunter, 10 Cir., 191 F.2d 516; Barnes v. Hunter, 10 Cir., 188 F.2d 86; Nelson v. Looney, 10 Cir., 1954, 211 F.2d 89. The petitioner not, having served the sentence under which, he is confined, is not entitled to any relief in habeas corpus.

The judgment is affirmed.