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Rivera v. Heritage

United States Court of Appeals, Fifth Circuit
Mar 22, 1963
314 F.2d 332 (5th Cir. 1963)

Opinion

No. 20068.

February 27, 1963. Rehearing Denied March 22, 1963.

Charles L. Goodson, U.S. Atty., Allen L. Chancey, Jr., Asst. U.S. Atty., Atlanta, Ga., for appellee.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.


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.


Summaries of

Rivera v. Heritage

United States Court of Appeals, Fifth Circuit
Mar 22, 1963
314 F.2d 332 (5th Cir. 1963)
Case details for

Rivera v. Heritage

Case Details

Full title:Rafael Rivera RIVERA, Appellant, v. David M. HERITAGE, Warden, U.S…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 22, 1963

Citations

314 F.2d 332 (5th Cir. 1963)

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